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COMMUNITY ANTENNA TV OF WICHITA, INC v. CITY OF WICHITA

No. 45,702

205 Kan. 537 (1970)

471 P.2d 360

COMMUNITY ANTENNA TELEVISION OF WICHITA, INC., Appellant, v. CITY OF WICHITA, KANSAS, a Municipal Corporation; THE BOARD OF COMMISSIONERS Thereof: WILLIAM ANDERSON, Mayor; A. PRICE WOODARD, WALT KEELER, CLARENCE VOLLMER, DONALD ENOCH and RALPH EBERLY, City Clerk, City of Wichita, Kansas, Appellees.

Supreme Court of Kansas.

Opinion filed June 13, 1970.

Attorney(s) appearing for the Case

Paul R. Kitch, of Fleeson, Gooing, Coulson and Kitch, of Wichita, argued the cause, and Gerrit H. Wormhoudt, of Fleeson, Gooing, Coulson and Kitch, of Wichita, was with him on the brief for the appellant.

H.E. Jones, of Hershberger, Patterson, Jones and Thompson, of Wichita, argued the cause, and John Dekker, of Holmes, Darrah, Dekker, Mellor and Compton, of Wichita, was with him on the brief for the appellees.

The opinion of the court was delivered by

HATCHER, C.:

This is an appeal from a judgment in a declaratory judgment action which was brought to have a municipal ordinance governing the issuance of franchises for community antenna television systems (hereinafter referred to as CATV) declared null and void.

A statement of the general facts, before we reach the specific provisions of the ordinance, may be helpful...

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