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COMMUNITY ANTENNA TV OF WICHITA v. CITY OF WICHITA

No. 46,494

209 Kan. 191 (1972)

495 P.2d 939

COMMUNITY ANTENNA TELEVISION OF WICHITA, INC., Appellee, 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, Appellants.

Supreme Court of Kansas.

Opinion filed April 8, 1972.

Attorney(s) appearing for the Case

H.E. Jones, of Wichita, argued the cause, and John Dekker, of Wichita, was with him on the brief for the appellants.

Thomas D. Kitch, of Fleeson, Gooing, Coulson and Kitch, of Wichita, argued the cause, and Paul R. Kitch and Gerrit H. Wormhoudt, of the same firm were with him on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is a declaratory judgment action brought to nullify an ordinance of the city of Wichita governing the issuance of franchises for cable television systems.

The case has been here before (Community Antenna TV of Wichita, Inc. v. City of Wichita, 205 Kan. 537, 471 P.2d 360, 41 A.L.R.3d 374), review of which is necessary...

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