David F. Leach v. Mediacom, United States of America, Movant Below

373 F.3d 895
Court of Appeals for the Eighth Circuit·Decided August 9, 2004·No. 03-1447·Published·Cited by 5 cases

Opinion

PER CURIAM.

David F. Leach appeals the district court’s 1 dismissal of his complaint, purportedly brought under the Cable Communications Policy Act. See 47 U.S.C. § 521 et seq. Having carefully reviewed the record, we agree with the district court that there is no implied private right of action under 47 U.S.C. § 531(e), as Congress expressly gave the franchiser enforcement authority. See Alexander v. Sandoval, 532 U.S. 275, 290, 121 S.Ct. 1511, 149 L.Ed.2d 517 (2001) (“The express provision of one method of enforcing a substantive rule suggests that Congress intended to preclude others.”) Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B.

1

. The Honorable Harold D. Vietor, United Stales District Judge for the Southern District of Iowa.

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David F. Leach v. Mediacom, United States of America, Movant Below, 373 F.3d 895 (8th Cir. 2004).

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