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TENNESSEE CABLE TELECOMMUNICATIONS ASSOCIATION v. ELECTRIC POWER BOARD OF CHATTANOOGA

No. M2008-01692-COA-R3-CV.

TENNESSEE CABLE TELECOMMUNICATIONS ASSOCIATION v. ELECTRIC POWER BOARD OF CHATTANOOGA

Court of Appeals of Tennessee, at Nashville.

Filed August 26, 2009.

Attorney(s) appearing for the Case

W. Travis Parham, Michael G. Stewart, Jamie Ray Hollin, John M. Farris, Nashville, Tennessee, for the appellant, Tennessee Cable Telecommunications Association.

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

Patricia J. Cottrell, P.J.,M.S., delivered the opinion of the court, in which Frank G. Clement, JR. and Andy D. Bennett, JJ., joined.

OPINION

PATRICIA J. COTTRELL, P.J., M.S.

An association of cable providers sued the Electric Power Board of Chattanooga in Davidson County challenging the Board's plan to provide a cable and internet network under Tenn. Code Ann. § 7-526-01 et seq. Specifically, the association alleged that the Board was improperly funding the network in violation of Tenn. Code Ann. § 7-52-603 and that the plan submitted to the comptroller for review in...

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