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TV PIX, INC. v. TAYLOR

Civ. Nos. 1814, 1827.

304 F.Supp. 459 (1968)

TV PIX, INC., a corporation, Plaintiff, v. Reese H. TAYLOR, Jr., Noel A. Clark and Evo A. Granata, Commissioners of the Public Service Commission of the State of Nevada, Defendants. WELLS TV, INC., a corporation, Plaintiff, v. Reese H. TAYLOR, Jr., Noel A. Clark and Evo A. Granata, Commissioners of the Public Service Commission of the State of Nevada, Defendants.

United States District Court D. Nevada.

December 2, 1968.

Attorney(s) appearing for the Case

Paul A. Richards, Reno, Nev., McMillan and Browning, Salt Lake City, Utah, for plaintiffs.

Harvey Dickerson, Atty. Gen. of Nevada, for defendants.

Before MERRILL, Circuit Judge, FOLEY and THOMPSON, District Judges.

OPINION

THOMPSON, District Judge:

This three judge court was convened to consider the constitutionality of an act of the Legislature of the State of Nevada which unambiguously and unequivocally purposes to regulate as public utilities the community antenna television companies in this State.

In the classic mode of utility regulation, the Nevada statute declares community antenna television companies to be public utilities [N.R.S. 704.020(1) (g)]...

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