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CITY OF OWENSBORO v. TOP VISION CABLE CO. OF KY.

487 S.W.2d 283 (1972)

CITY OF OWENSBORO, Kentucky, a Municipal corporation of the Second Class, et al., Appellants, v. TOP VISION CABLE COMPANY OF KENTUCKY, a Kentucky corporation, Appellee. TOP VISION CABLE COMPANY OF KENTUCKY, a Kentucky corporation, Cross-Appellant, v. CITY OF OWENSBORO, Kentucky, a Municipal corporation of the Second Class, et al., Cross-Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 15, 1972.

Attorney(s) appearing for the Case

Hugh D. Moore, Gilliam & Moore, Owensboro, for appellants and cross-appellees.

Edgar A. Zingman, Jon L. Fleischaker, Wyatt, Grafton & Sloss, Louisville, Joseph H. McKinley, McKinley & Howard, Owensboro, Smith, Pepper, Shack & L'Heureux, Washington, D. C., for appellee and cross-appellant.

GARDNER, Commissioner.

The City of Owensboro advertised for bids for a franchise to provide the citizens with community antenna television service (CATV). Top Vision Cable Company of Kentucky was granted the franchise. Pertinent provisions of the franchise agreement were as follows:

The effective date was December 17, 1965, with the grantees' having the privilege of continuing for 15 years.

Top Vision was...

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