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CENTRAL BROADCASTING CO. v. HEARTLAND RADIO

No. S-95-374.

560 N.W.2d 770 (1997)

251 Neb. 929

CENTRAL NEBRASKA BROADCASTING CO., INC., a Nebraska Corporation, Appellant, v. HEARTLAND RADIO, INC., a Nebraska corporation, et al., Appellees.

Supreme Court of Nebraska.

March 7, 1997.

Attorney(s) appearing for the Case

Jack W. Besse, of Knapp, Fangmeyer, Aschwege & Besse, Kearney, for appellant.

Larry Beucke, of Parker, Grossart, Bahensky & Beucke, Kearney, and Clifford F. Mesner, of Mesner & Mesner, Central City, for appellees Heartland Radio and Fant Broadcasting Co.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, and GERRARD, JJ., and COADY, District Judge.

CAPORALE, Justice.

The plaintiff-appellant, Central Nebraska Broadcasting Co., Inc., seeks to permanently enjoin the defendant-appellee Heartland Radio, Inc., from placing a broadcast antenna on a tower owned by the defendant-appellee Fant Broadcasting Company of Nebraska, Inc. Following the dissolution of a temporary restraining order and the denial of a temporary injunction, the district court sustained the joint motion for summary judgment filed by Heartland Radio...

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