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TV SIGNAL CO., ETC. v. AMERICAN TEL. & TEL. CO.

Civ. No. 70-6N.

465 F.Supp. 1084 (1979)

TV SIGNAL CO. OF ABERDEEN, a corporation v. AMERICAN TELEPHONE & TELEGRAPH CO., a corporation, and Northwestern Bell Telephone Co., a corporation.

United States District Court, D. South Dakota.

February 16, 1979.

Attorney(s) appearing for the Case

Joseph M. Butler, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, S. D., Alan Raywid, Cole, Sylstra & Raywid, Washington, D. C., for plaintiff.

Harold C. Doyle, Sioux Falls, S. D., James Fitzmaurice, Faegre & Benson, Minneapolis, Minn., Donald R. Shultz, Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, S. D., for defendants.

MEMORANDUM OPINION

BOGUE, District Judge.

BRIEF STATEMENT OF THE FACTS

The facts which precipitated this lawsuit are relatively simple. In April of 1969, in Aberdeen, South Dakota, TV Signal, a cable television company, sought to enter into a pole attachment agreement with Northwestern Bell. TV Signal desired to execute such an agreement in order to attach distribution cable for a community antenna television system (hereinafter CATV) to Northwestern...

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