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CITY OF ELLENSBURG v. KING VIDEOCABLE COMPANY

No. 14149-7-III.

906 P.2d 360 (1995)

80 Wash.App. 17

CITY OF ELLENSBURG, a municipal corporation, Appellant, v. KING VIDEOCABLE COMPANY, a Washington corporation, Respondent and Cross-Appellant.

Court of Appeals of Washington, Division 3, Panel Two.

December 5, 1995.

Attorney(s) appearing for the Case

James D. Maloney, III, Yakima, for Appellant.

Tod R. Dubow, Robins, Kaplan, Miller & Ciresi, Costa Mesa, CA, for Respondent.

Daniel M. Waggoner, Davis, Wright & Tremaine, Seattle, amicus curiae.

THOMPSON, Chief Judge.

The City of Ellensburg commenced this declaratory action against King Videocable Company, alleging a material breach of the parties' franchise agreement governing cable television services. King asserted a federal preemption defense. On cross-motions for summary judgment, King's motion was granted. Ellensburg appealed and King cross-appealed. We reverse and remand.

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