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MIDWEST TV v. CHAMPAIGN COMMUNICATIONS

No. 13241.

37 Ill. App.3d 926 (1976)

347 N.E.2d 34

MIDWEST TELEVISION, INC., Plaintiff-Appellant, v. CHAMPAIGN-URBANA COMMUNICATIONS, INC., et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Opinion filed May 6, 1976.

Attorney(s) appearing for the Case

Dennis K. Muncy and Francis J. Jahn, both of Meyer, Capel, Hirschfeld, Muncy, Jahn & Aldeen, of Champaign, and Horace E. Gunn and Robert Z. Hickman, both of Gunn, Hickman, Kesler, Jenkins & Vogel, Ltd., of Danville, for appellant.

Phillips, Phebus, Tummelson & Bryan, of Urbana (Joseph W. Phebus and George G. Bryan, of counsel), for appellee Champaign-Urbana Communications, Inc.

Albert Tuxhorn, City Attorney, and Kurt P. Froelich, Assistant City Attorney, both of Champaign, for appellee City of Champaign.

Reno, O'Byrne & Kepley, of Champaign, for appellee Delbert D. Smith.

Judgment affirmed.

Mr. JUSTICE SIMKINS delivered the opinion of the court:

Midwest Television, Inc. (Midwest), brought a class action suit as a taxpayer and property owner against defendants Champaign-Urbana Communications, Inc. (CUCI), the City of Champaign (City), American Television and Communications Corporation (ATC) and Delbert Smith. The complaint was in five counts, and sought, among other relief, a declaratory judgment that the cable television franchise...

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