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WARNER CABLE COMMUNICATIONS v. CITY OF NICEVILLE

No. 89-3273.

911 F.2d 634 (1990)

WARNER CABLE COMMUNICATIONS, INC., an Illinois corporation, Plaintiff-Appellant, v. CITY OF NICEVILLE, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 12, 1990.

Attorney(s) appearing for the Case

Ralph A. Peterson, Beggs & Lane, Pensacola, Fla., James E. Moore, Moore, Kessler & Moore, Niceville, Fla., Grant S. Lewis, LeBoeuf, Lamb, Leiby & MacRae, New York City, for plaintiff-appellant.

Gillis E. Powell, Sr., Powell, Powell & Powell, Niceville, Fla., Don J. Caton, William D. Wells, City Attorney's Office, City of Pensacola, Pensacola, Fla., for defendant-appellee.

Before TJOFLAT, Chief Judge, TUTTLE, and RONEY, Senior Circuit Judges.

TJOFLAT, Chief Judge:

Plaintiff below, Warner Cable Communications, Inc. (Warner), appeals from the district court's entry of summary judgment in favor of defendant below, the City of Niceville (City), on two of Warner's claims. Warner also appeals the judgment of the district court, entered in favor of the City after a bench trial, on a third claim. We affirm both judgments.

I.

The City of Niceville is a municipal corporation chartered, organized...

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