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Court Rules in Favor of EchoStar; Satellite TV Company Wins $5.5 Million Judgment in Retailer Fraud Case.


Business Editors

ENGLEWOOD, Colo.--(BUSINESS WIRE)--Nov. 6, 2003

U.S. District Court Judge Edward Nottingham in Denver has awarded EchoStar Communications Corp. $5.5 million in a case against a former retailer that conducted itself fraudulently.

EchoStar attorneys argued that Sky Cable defrauded EchoStar, breached their contract, set up false accounts, and engaged in a form of piracy piracy, robbery committed or attempted on the high seas. It is distinguished from privateering in that the pirate holds no commission from and receives the protection of no nation but usually attacks vessels of all nations.  called account-packing.

The court ruled that Sky Cable of Pennsylvania improperly sold EchoStar's DISH Network See DBS.  satellite TV services and equipment, in conflict with a retailer agreement that Sky Cable signed with EchoStar in 1997 and re-executed in 1999.

Jim DeFranco, executive vice president of EchoStar, said he was pleased with the verdict.

"EchoStar has thousands of legitimate retailers whose loyalty has helped make DISH Network a leader in the subscription TV industry," said DeFranco. "We won't stand by idly while any member of that group attempts to undermine the system that has been so successful for so many people."

Sky Cable, doing business as Sky Marketing, was prohibited pro·hib·it  
tr.v. pro·hib·it·ed, pro·hib·it·ing, pro·hib·its
1. To forbid by authority: Smoking is prohibited in most theaters. See Synonyms at forbid.

2.
 from acting as a distributor and selling the services and equipment to any customer other than a residential end-user. In violation of the agreement, Sky Marketing, owned by Alex Shiriaev, sold DISH Network systems to many retailers who planned to resell re·sell  
tr.v. re·sold , re·sell·ing, re·sells
1. To sell again.

2. To sell (a product or service) to the public or to an end user, especially as an authorized dealer.
 those systems themselves.

About EchoStar Communications

EchoStar Communications Corporation EchoStar Communications Corporation (NASDAQ: DISH) is the parent company of DISH Network and the maintainer of the satellite fleet that provides the signal that DISH Network markets.  (Nasdaq:DISH) serves over 9 million satellite TV customers through its DISH Network(TM), and is a leading U.S. provider of advanced digital television services. DISH Network's services include hundreds of video and audio channels, Interactive TV, HDTV (High Definition TV) A set of digital television (DTV) standards that offer the highest resolution and sharpest picture. Although some HDTV sets are available in standard (rather square) screen sizes, the overwhelming majority of sets are wide screen, which eliminates , sports and international programming, together with professional installation and 24-hour customer service. DISH Network is the leader in the sale of digital video recorders See DVR.  (DVRs). Visit EchoStar's DISH Network at www.dishnetwork.com or call 1-800-333-DISH (3474).
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Publication:Business Wire
Geographic Code:1USA
Date:Nov 6, 2003
Words:293
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