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ABERDEEN CABLE TV SERVICE, INC. v. CITY OF ABERDEEN

No. 10731.

176 N.W.2d 738 (1970)

ABERDEEN CABLE TV SERVICE, INC., Walter A. Brown and Stacy B. Brown, Plaintiffs and Respondents, v. CITY OF ABERDEEN, South Dakota, A Municipal Corporation, J. Clifton Hurlbert, As Mayor and Member of the City Commission of the City of Aberdeen, Fred Gerdes, Hale Inman, Al Donahue and Bill Coester, As Members of the City Commission of the City of Aberdeen, and Winifred Kraft, as City Auditor of the City of Aberdeen, Defendants and Respondents, and South Dakota Television Inc., Intervenor Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Denied June 30, 1970.

Attorney(s) appearing for the Case

Voas, Richardson, Groseclose & Kornmann, Aberdeen, for intervenor-defendant and appellant.

Austin, Hinderaker & Hackett, Watertown, for plaintiffs and respondents.

F. W. Noll, Aberdeen, for defendants and respondents.

HANSON, Judge.

On August 12, 1968 the Aberdeen City Commission enacted Ordinance No. 1187-Amended entitled:

"An ordinance granting to Aberdeen Cable TV Service, Inc. the non-exclusive right to erect, maintain and operate in, under, over, along, across, and upon the present and future streets, lanes, avenues, sidewalks, alleys, bridges, highways and other public places in the City of Aberdeen, South Dakota and subsequent additions thereto, towers, poles, lines...

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