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WILCO ELECTRONIC SYSTEMS v. DAVIS

375 Pa.Super. 109 (1988)

543 A.2d 1202

WILCO ELECTRONIC SYSTEMS, INC., Appellant, v. Gary DAVIS and Grande Associates and Ray Cawley, Ind. and t/a Bucks County Cablevision Waterford Associates and MGM Enterprises, Inc. Pennsylvania Cable Television Association, Appellee. Raymond J. CAWLEY, t/a Bucks County Cablevision, Appellee, v. Ronald GIANCRISTOFARO and Anthony Giancristofaro, t/a Grande Associates and Colonial Estates and Wilco Electronic Systems, Inc., Waterford Associates and MGM Enterprises, Inc., Pennsylvania Cable Television Association, Appellants.

Superior Court of Pennsylvania.

Filed June 8, 1988.

Attorney(s) appearing for the Case

Alvin Freiberg, Philadelphia, for appellants.

Randolph A. Scott, Warrington, for appellees.

Before CAVANAUGH, OLSZEWSKI and MELINSON, JJ.

CAVANAUGH, Judge:

The two principal issues involved in this case are (1) whether a contract between the owner of a rental apartment complex and the provider of television services which grants the television company the right to provide non-cable pay television services and restricts anyone else from providing "any pay TV system, cable or otherwise" to the tenants is unenforceable as violative of the First Amendment to the United States Constitution and (2) whether...

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