TCI/TKR Cable v. Johnson

OPINION

GILMAN, Circuit Judge.

Two cable companies, TCI/TKR of Northern Kentucky and Insight Kentucky Partners II (collectively, TCI/TKR), brought a declaratory judgment action in federal district court against R. Stafford Johnson, seeking to prevent Johnson from litigating his state class action suit that challenged TCI/TKR’s practice of requiring subscribers to pay a prorated share of the Kentucky Public Service Corporation (KPSC) tax. Johnson moved to dismiss TCI/TKR’s action based upon a lack of subject matter jurisdiction. The district court granted Johnson’s motion. For the reasons set…