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CITY OF TYLER v. TELEVISION CABLE SERVICE, INC.

No. 711.

493 S.W.2d 322 (1973)

The CITY OF TYLER, Texas, Appellant, v. TELEVISION CABLE SERVICE, INC., Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied April 19, 1973.

Attorney(s) appearing for the Case

Jack Skeen, Jr., Tyler, for appellant.

Donald Carroll, Tyler, for appellee.

McKAY, Justice.

This is a suit by the City of Tyler seeking a declaratory judgment that an ordinance of the City granting a permit to appellee to use the streets, alleys, public ways and places of the City for the operation of a community antenna television system (CATV) is void. From an adverse judgment, the City brings this appeal.

The City of Tyler is a home rule city. The ordinance in question was passed on third reading on October 2, 1970, and such ordinance...

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