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CONSOLIDATED TV. CABLE SERV., INC. v. CITY OF FRANKFORT

No. 71-2076.

465 F.2d 1190 (1972)

CONSOLIDATED TELEVISION CABLE SERVICE, INCORPORATED, Plaintiff-Appellant, v. CITY OF FRANKFORT, Kentucky, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

August 2, 1972.

Attorney(s) appearing for the Case

S. Russell Smith, Smith & Smith, Louisville, Ky., for plaintiff-appellant; James E. Shafer, Louisville, Ky., William A. Young, Young & Williams, Frankfort, Ky., on brief.

Edward F. Pritchard, Jr., Frankfort, Ky., for defendants-appellees; Allen Prewitt, Jr., Marion Rider, Ben B. Fowler, Dailey & Fowler, Frankfort, Ky., on brief.

Before PHILLIPS, Chief Judge, MILLER Circuit Judge, and O'SULLIVAN, Senior Circuit Judge.

PHILLIPS, Chief Judge.

The topography of the area in which the City of Frankfort, Kentucky, is located, is such that the inhabitants of that City generally are unable to view commercial telecasts satisfactorily through the use of ordinary antenna systems.1

In 1952 the Electric and Water Plant Board of the City of Frankfort caused to be formed a non-stock, non-profit corporation, Community Service, Inc. (Community), for the purpose...

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