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DALEY v. TOWN OF NEW DURHAM

No. 83-1576.

733 F.2d 4 (1984)

John DALEY, d/b/a Abitronics, Plaintiff, Appellant, v. TOWN OF NEW DURHAM, N.H., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 27, 1984.

Attorney(s) appearing for the Case

Alfred J.T. Rubega, with whom Levine & Rubega, P.C., Sanbornville, N.H., was on brief, for appellant.

Andrew D. Dunn, Manchester, N.H., with whom Devine, Millimet, Stahl & Branch, Manchester, N.H., was on brief, for appellee Union Telephone Co.

Alan R. Kusinitz, Manchester, N.H., with whom James W. Donchess, and Wiggin & Nourie, Manchester, N.H., were on brief, for appellees Town of New Durham, N.H., Dean Stimpson, Harry Nutter, Eloise Bickford, and Lucien Leveille.

Before COFFIN and ALDRICH, Circuit Judges, and GIGNOUX, Senior District Judge.

GIGNOUX, Senior District Judge.

This case arises out of the decision of the Board of Selectmen of the Town of New Durham, New Hampshire, to award an exclusive cable television franchise to defendant Union Telephone Co., rather than to appellant John Daley, owner of Abitronics, a telecommunications company interested in expanding into the cable television field.

Daley originally brought suit against the Town of New Durham, Union Telephone Co., and four selectmen...

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