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CITY OF MEMPHIS, TENN. v. SOUTHERN BELL TEL. & TEL. CO.

No. 15110.

316 F.2d 535 (1963)

CITY OF MEMPHIS, TENNESSEE, Plaintiff-Appellant, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

April 23, 1963.

Attorney(s) appearing for the Case

Robert M. McRae, Jr., and Frank B. Gianotti, Memphis, Tenn., for appellant.

James O. Bass, Nashville, Tenn. (Roane Waring, Jr., Memphis, Tenn., T. G. Pappas, Gen. Atty., Nashville, Tenn., on the brief; John A. Boykin, Jr., Gen. Sol., Atlanta, Ga., Waring, Walker, Cox & Lewis, Memphis, Tenn., Bass, Berry & Simms, Nashville, Tenn., of counsel), for appellee.

Before: CECIL, Chief Judge, WEICK, Circuit Judge, and McALLISTER, Senior Circuit Judge.

WEICK, Circuit Judge.

The City sought, in the District Court, to enjoin the telephone company from billing its Memphis customers, pro rata, franchise payments made by it to the City as permitted by Chapter 123 of the Public Acts of Tennessee 1961 which amended Tennessee Code Annotated Section 65-405.1

Prior to the amendment and under the franchise granted by the City to the telephone company...

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