United States Fourth Circuit

In a dispute regarding fees defendant proposed charging plaintiff cable service provider to attach its cable to defendant's utility poles, granting of motion to dismiss is affirmed where the common law duty requiring an electric public utility to charge reasonable and nondiscriminatory rates for electric service does not clearly apply to pole-attachment agreements.

Appellate Information

• Decided 10/31/2007
• Published 10/31/2007

Judges

• Before NIEMEYER and MICHAEL, Circuit Judges, and T.S. ELLIS, III, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Gardner F. Gillespie, III, Hogan & Hartson, L.L.P., Washington, D.C., for Appellant.  Pressly McAuley Millen, Womble, Carlyle, Sandridge & Rice, P.L.L.C., Raleigh, North Carolina, for Appellee.   ON BRIEF:  Gary J. Rickner, Ward & Smith, P.A., New Bern, North Carolina;  Paul A. Werner, Hogan & Hartson, L.L.P., Washington, D.C., for Appellant.