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BABER v. PRESTON

No. 18281.

601 S.W.2d 798 (1980)

Hertis BABER, Individually and d/b/a Burkburnett Communications, Appellant, v. Brack PRESTON, Mayor, et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied July 17, 1980.

Attorney(s) appearing for the Case

Saner, Jack, Sallinger & Nichols, Dallas, Roy T. Sparkman, Wichita Falls, J. Stanley Knight, Dallas, for appellant.

Cantey, Hanger, Gooch, Munn & Collins, and S. G. Johndroe, Jr., Fort Worth, for appellees.

Donald E. Short, Wichita Falls, for intervenor/appellee TC Cable of Burkburnett.

OPINION

MASSEY, Chief Justice.

We affirm a take nothing judgment in this case, which for purposes of appeal were resolved into a suit for declaratory judgment.

Background: In mid-year 1978 the City of Burkburnett, Texas, a Home Rule City, determined it to be advisable to take measures to provide a community antenna television system. Pursuant thereto it was deemed advisable to determine and contract with a franchise for the supply of the service...

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