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KORNEGAY v. CITY OF RALEIGH

No. 545.

152 S.E.2d 186 (1967)

269 N.C. 155

Alton W. KORNEGAY, James L. Stough, and David M. Crenshaw, as taxpayers, citizens and voters in and of the City of Raleigh, North Carolina, on behalf of themselves and all other taxpayers, citizens and voters of said City who may desire to join in this action, Plaintiffs, v. The CITY OF RALEIGH, a municipal corporation, and Southeastern Cablevision Company, a North Carolina corporation, Defendants.

Supreme Court of North Carolina.

January 20, 1967.

Attorney(s) appearing for the Case

Johnson, Gamble & Fogel, Raleigh, for plaintiff appellants.

Smith, Leach, Anderson & Dorsett, Raleigh, for defendant Southeastern Cablevision Co.

Donald L. Smith, Raleigh, for defendant City of Raleigh.

LAKE, Justice.

In the appellees' brief the proposed operation by Southeastern is described as follows:

"[I]t must be noted that a CATV system does not obstruct or in any manner actually interfere with the use of the street by the public or with an adjoining property owner. The receiving tower and antenna are located on the CATV Company's private property, with the coaxial cables which extend ABOVE the city streets being strung upon the existing pole system...

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