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CITY OF WATERVILLE v. BARTELL TELEPHONE TV SYSTEMS

233 A.2d 711 (1967)

CITY OF WATERVILLE et al. v. BARTELL TELEPHONE TV SYSTEMS et al.

Supreme Judicial Court of Maine.

October 17, 1967.

Attorney(s) appearing for the Case

Burton G. Shiro, Morton A. Brody, Waterville, Sidney W. Wernick, and Christopher A. Moen, Jr., Portland, for plaintiffs.

Frank G. Chapman, Augusta, David B. Bartell, New York City, Vincent L. McKusick, Donald A. Fowler, Jr., Portland, Robert D. Bruce, Boston, Mass., for defendants.

Richard B. Sanborn, Augusta, Maine Municipal Ass'n amicus curiae.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, DUFRESNE and WEATHERBEE, JJ.

WEBBER, Justice.

This case, reported for our decision pursuant to M.R.C.P., Rule 72(a), raises as a primary and fundamental issue the nature and extent of control which a municipality is permitted to exercise in the relatively new field of community antenna television (hereinafter called CATV). Plaintiffs seek injunctive relief (a) to prevent defendant Bartell Telephone TV Systems (hereinafter called Bartell) from offering CATV service to subscribers in Waterville...

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