Legal Opinion

City of Peoria v. General Electric Cablevision Corporation (Gecco), and Third-Party v. Federal Communications Commission, Third-Party

Court of Appeals for the Third Circuit

Decided October 4, 1982No. 82-1250, 82-1420PublishedCited by 55 opinions

1Opinion of the Court

POSNER, Circuit Judge.

We are required in this case to determine the proper route for obtaining judicial review of a regulation of the Federal Communications Commission whose validity is questioned in a suit on a contract. May the court in which that suit is brought determine its validity, or must the court refer the question to the FCC under the doctrine of primary jurisdiction?

In 1966 the City of Peoria granted a 20-year cable television franchise to General Electric Cablevision Corporation (GECCO), which in exchange agreed to pay the city an annual franchise fee equal to 10 percent of…

2Cases cited10 opinions

  1. United States v. Western Pacific RailroadSupreme Court of the United States · 1956
  2. Far East Conference v. United StatesSupreme Court of the United States · 1952
  3. Columbia Broadcasting System, Inc. v. United StatesSupreme Court of the United States · 1942
  4. Functional Music, Inc. v. Federal Communications Commission, Functional Music, Inc. v. United States of America, Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1959
  5. Rockford League of Women Voters v. United States Nuclear Regulatory Commission, Commonwealth Edison Company, Intervenor-RespondentCourt of Appeals for the Seventh Circuit · 1982

5 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. Omega Satellite Products Company v. City of IndianapolisCourt of Appeals for the Seventh Circuit · 1982
  2. Suzanne Cahnmann, on Behalf of Herself and All Others Similarly Situated v. Sprint CorporationCourt of Appeals for the Seventh Circuit · 1998
  3. Brunswick Corporation, a Delaware Corporation v. Riegel Textile Corporation, a Delaware CorporationCourt of Appeals for the Seventh Circuit · 1985
  4. GTE South, Inc. v. MorrisonCourt of Appeals for the Fourth Circuit · 1999
  5. Katie Arsberry v. State of IllinoisCourt of Appeals for the Seventh Circuit · 2001

50 more not listed; retrieve them via the Exa API.

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