Legal Opinion
Tele-Communications of Key West, Inc. v. United States of America
Court of Appeals for the D.C. Circuit
Decided April 2, 1985No. 84-5008PublishedCited by 94 opinions
1Opinion of the Court
Opinion for the court filed by Circuit Judge WRIGHT.
J. SKELLY WRIGHT, Circuit Judge:
This is an appeal from a District Court order dismissing, for failure to state a claim, a complaint filed by Tele-Communications of Key West, Inc. (TCI), a purveyor of cable television service. The issue presented is whether the dismissal was, in fact, proper under Federal Rule of Civil Procedure 12(b)(6). As discussed below, we hold that the District Court erroneously dismissed TCI’s First and Fifth Amendment claims but properly dismissed TCI’s statutory antitrust claim. Consequently, we affirm in part and…
2Cases cited30 opinions
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- Bolling v. SharpeSupreme Court of the United States · 1954
- Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
- Dunn v. BlumsteinSupreme Court of the United States · 1972
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3Cited by94 opinions
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- Iris McKinney v. Honorable Elizabeth Dole, Secretary of TransportationCourt of Appeals for the D.C. Circuit · 1985
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- Americable International, Inc. v. Department of NavyCourt of Appeals for the D.C. Circuit · 1997
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