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BUSH v. UPPER VALLEY TELECABLE CO.

No. 11192.

524 P.2d 1055 (1973)

96 Idaho 83

Eugene L. BUSH, for himself and for all other subscribers to the service of the Upper Valley Telecable Co., Plaintiff-Appellant, v. UPPER VALLEY TELECABLE CO., a corporation, and the City of Idaho Falls, Idaho, a municipal corporation, Defendants, Upper Valley Telecable Co., a corporation, Defendant-Respondent.

Supreme Court of Idaho.

On Rehearing July 22, 1974.

Attorney(s) appearing for the Case

Eugene L. Bush, Sharp, Anderson & Bush, Idaho Falls, for plaintiff-appellant.

Terry L. Crapo, Holden, Holden, Kidwell, Hahn & Crapo, Idaho Falls, for respondent.

Albaugh, Bloem, Smith & Pike, Idaho Falls, for defendant City of Idaho Falls.

SHEPARD, Justice.

Plaintiff-Appellant Bush brought this action for damages for the violation of a rate schedule for cable television service. The City of Idaho Falls passed an ordinance granting Defendant-Respondent Upper Valley Telecable Co. a cable television franchise. The ordinance also set forth and adopted a rate schedule. Bush brought suit on behalf of himself and all other cable television subscribers. Following trial to the court, judgment was entered for...

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