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PACK v. SOUTHERN BELL TELEPHONE & TELEGRAPH CO.

387 S.W.2d 789 (1965)

David M. PACK, Commissioner of Highways and Public Works of the State of Tennessee, for and on behalf of said Department, Appellant, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, Inc., Appellee, David M. PACK, Commissioner of Highways and Public Works of the State of Tennessee, for and on behalf of said Department, Appellant, v. CITY OF MEMPHIS, by and through its Mayor and Commissioners, William B. Ingram, Claude Armour, James Moore, Hunter Lane, Jr. and Pete Sisson, Appellee, David M. PACK, Commissioner of Highways and Public Works of the State of Tennessee, for and on behalf of said Department, Appellant, v. MEMPHIS LIGHT, GAS AND WATER DIVISION OF the CITY OF MEMPHIS, by and through its Commissioners, Ray Morton, Edmund Orgill, Martin J. Lichterman, Appellee.

Supreme Court of Tennessee.

March 4, 1965.

Attorney(s) appearing for the Case

Hanover, Hanover, Hanover & Walsh, Memphis, George F. McCanless, Atty. Gen., J. Malcolm Shull, Asst. Atty. Gen., Nashville, for appellant.

James L. Bomar, Jr., Shelbyville, Roane Waring, Jr., Waring, Walker, Cox & Lewis, Memphis, T.G. Pappas, J.O. Bass, Bass, Berry & Sims, Nashville, for Southern Bell Tel. & Tel. Co., Inc.

Patrick Johnson, Sr., City Atty., Clifford D. Pierce, Jr., Asst. City Atty., Memphis, for City of Memphis, etc.

Charles C. Crabtree, William A. Sands, Frank B. Gianotti, Jr., E. Brady Bartusch, Memphis, for Memphis Light, Gas and Water Division. etc.

DYER, Justice.

These three suits place in issue the constitutionality of Chapter 368, Public Acts of Tennessee for 1963. Although there are three separate utilities involved in this litigation (ranging from privately to publicly owned bodies), they all stand on the same footing for at least two reasons.

First, the activities engaged in by the City of Memphis, a municipal corporation, are of a proprietary character. Nashville Electric Service v. Luna, 185 Tenn...

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