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MADISON CABLEVISION, INC. v. CITY OF MORGANTON

No. 624PA87.

386 S.E.2d 200 (1989)

325 N.C. 634

MADISON CABLEVISION, INC. v. CITY OF MORGANTON, North Carolina.

Supreme Court of North Carolina.

December 7, 1989.

Attorney(s) appearing for the Case

Tharrington, Smith & Hargrove by Wade H. Hargrove, Randall M. Roden, and Michael Crowell, Raleigh, for plaintiff-appellant.

Mitchell, Blackwell, Mitchell & Smith, P.A. by Thomas G. Smith, Valdese, Settlemyer & Hodges by Steve B. Settlemyer, Morganton, and Spiegel & McDiarmid by Joseph Van Eaton and Barbara S. Esbin, Washington, D.C., for defendant-appellant.

N.C. League of Municipalities by S. Ellis Hankins, General Counsel, Raleigh, amicus curiae.

Adams, McCullough & Beard by Hugh Stevens, Raleigh, for N.C. Press Ass'n, N.C. Ass'n of Broadcasters, and N.C. CATV Ass'n, amici curiae.

MEYER, Justice.

The posture of this case is somewhat unusual in that the issues presented on appeal to this Court are intermeshed with other issues yet to be decided in an action pending in the United States District Court for the Western District of North Carolina. We thus discuss the posture of the case at some length. The only issues presented to this Court for decision in this case are as follows: (1) whether the provisions of chapter 160A, article 16, part 1...

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