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AMERICAN TELEVISION CO., INC. v. CITY OF FAYETTEVILLE

No. 5-6083.

489 S.W.2d 754 (1973)

AMERICAN TELEVISION COMPANY, INC., d/b/a Donrey Outdoor Advertising Company and Tri-State Realty Company, Appellants, v. CITY OF FAYETTEVILLE, Arkansas, Appellee.

Supreme Court of Arkansas.

Rehearing Denied February 19, 1973.

Attorney(s) appearing for the Case

Bethell, Callaway & Robertson, Ft. Smith, for appellants.

David R. Malone, Fayetteville, for appellee.

JONES, Justice.

This is an appeal by Tri-State Realty Company and American Television Company, Inc., d/b/a Donrey Outdoor Advertising Company from a decree of the Washington County Chancery Court in which the chancellor sustained a demurrer filed by the City of Fayetteville to a petition for declaratory judgment filed by Tri-State and Donrey.

The facts appear as follows: Tri-State owns numerous small plots of land suitable for use in outdoor advertising in...

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