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EASTERN IOWA CABLEVISION v. CITY OF IOWA CITY

No. 2-62051.

272 N.W.2d 413 (1978)

EASTERN IOWA CABLEVISION, INC., and Gary Ladick, Plaintiffs-Appellees, v. CITY OF IOWA CITY, Iowa, et al., Defendants-Appellants.

Supreme Court of Iowa.

December 20, 1978.

Attorney(s) appearing for the Case

John W. Hayek, Iowa City, for defendants-appellants.

Mark H. Rettig and Joseph E. Day, Cedar Rapids, for plaintiffs-appellees.

Considered by REES, P. J., and UHLENHOPP, HARRIS, McGIVERIN and LARSON, JJ.

LARSON, Justice.

Defendant city and council members appeal from an order granting summary judgment in a mandamus action brought to compel an action on plaintiffs' franchise proposal. Plaintiffs in the action were Eastern Iowa Cablevision, Inc., and a representative citizen of the City of Iowa City. They will be occasionally referred to here as "Eastern." Because there were disputed issues of material fact presented to the trial court, and because movants were not...

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