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MAFFEI v. ALERT CABLE TV OF NORTH CAROLINA

No. 477PA85.

342 S.E.2d 867 (1986)

Sam MAFFEI, and all persons similarly situated v. ALERT CABLE TV OF NORTH CAROLINA, INC.

Supreme Court of North Carolina.

May 6, 1986.

Attorney(s) appearing for the Case

Coleman, Bernholz, Dickerson, Bernholz, Gledhill & Hargrave by Martin J. Bernholz and G. Nicholas Herman, Chapel Hill, for plaintiff-appellee.

Smith, Moore, Smith, Schell & Hunter by Richard W. Ellis, James L. Gale and Robert H. Slater, Raleigh, for defendant-appellant.

BILLINGS, Justice.

On 11 January 1984 plaintiff Sam Maffei filed a civil action against Alert Cable TV of North Carolina, Inc. alleging breach of contract. Plaintiff alleged that he had entered into a contract with defendant whereby plaintiff would pay $7.50 plus $3.00 per month to defendant and defendant "would provide to Plaintiff each month seventeen (17) cable viewing channels (including those designated as `Expanded...

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