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CHESAPEAKE & POTOMAC TEL. CO. v. CITY OF NEWPORT NEWS

85 S.E.2d 345 (1955)

196 Va. 627

The CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA v. CITY OF NEWPORT NEWS.

Supreme Court of Appeals of Virginia.

January 17, 1955.

Attorney(s) appearing for the Case

Leigh D. Williams, W. R. C. Cocke, Norfolk, Harry H. Holt, Jr., Hampton, H. H. Walker Lewis, Washington, D. C., for plaintiff in error.

Harry L. Nachman, Bert A. Nachman, Newport News, for defendant in error.

Before HUDGINS, C. J., and EGGLESTON, SPRATLEY, BUCHANAN, MILLER and SMITH, JJ.

SPRATLEY, Justice.

The plaintiff, The Chesapeake and Potomac Telephone Company of Virginia, is now and has been for many years operating its telephone business, both in interstate and intrastate commerce, within the City of Newport News, Virginia. The franchise under which it formerly operated expired December 31, 1950. That franchise required no payment of money to the City; but expressly reserved to the City the right to impose any lawful tax. By ordinance, the...

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