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COMCAST OF SOUTH v. ELECTRIC POWER BOARD OF CHATTANOOGA

No. E2008-01788-COA-R3-CV.

COMCAST OF THE SOUTH v. ELECTRIC POWER BOARD OF CHATTANOOGA

Court of Appeals of Tennessee, at Knoxville.

Filed May 13, 2009.

Attorney(s) appearing for the Case

John M. Farris, Jamie R. Hollin, W. Travis Parham and Mike Stewart, Nashville, Tennessee, for the Appellant, Comcast of the South.

Joe A. Conner, Misty Smith Kelley, John M. Phillips, Frederick L. Hitchcock, T. Maxfield Bahner, and William R. Hannah, Chattanooga, Tennessee, for the Appellee, Electric Power Board of Chattanooga.

D. Michael Swiney, J., delivered the opinion of the court, in which Herschel P. Franks, P.J., joined. John W. Mcclarty, J., not participating.

OPINION

D. MICHAEL SWINEY, JUDGE.

The Tennessee Cable Telecommunications Association ("TCTA") is a trade association whose members primarily are owners of franchised cable televisions systems. One of its members is Comcast of the South ("Comcast"). In September 2007, TCTA filed a lawsuit against the Electric Power Board of Chattanooga ("EPB"). This lawsuit was filed in the Davidson County Chancery Court and sought a declaratory judgment that EPB was violating...

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