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FORT WAYNE CABLEVISION v. IND. & MICH. ELEC.

No. 3-282A33.

443 N.E.2d 863 (1983)

FORT WAYNE CABLEVISION (Formerly Known As Citizens Cable of Fort Wayne, Inc.), Third Party Defendant and Third Party Plaintiff/Appellant v. INDIANA & MICHIGAN ELECTRIC CO., Defendant and Third Party Plaintiff/Appellee.

Court of Appeals of Indiana, Third District.

January 6, 1983.

Attorney(s) appearing for the Case

Thomas L. Wooding, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, for third party defendant and third party plaintiff/appellant.

Milford M. Miller, Jr., Richard P. Samek, Livingston, Dildine, Hayne & Yoder, Fort Wayne, for defendant and third party plaintiff/appellee.

GARRARD, Judge.

This appeal arises from the trial court's grant of summary judgment in favor of Indiana & Michigan Electric Co. (I & M).

The facts are not disputed. On October 1, 1978 Fort Wayne Cablevision (Cablevision) entered into a written contract with I & M which permitted Cablevision to attach its cable television equipment and lines to I & M's utility poles. The actual attachment of this cable equipment and lines was to be performed...

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