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ABERDEEN CABLE TV SERVICE, INC. v. CITY OF ABERDEEN, S. D.

Civ. No. 71-4S.

325 F.Supp. 406 (1971)

ABERDEEN CABLE TV SERVICE, INC., a corporation, Walter A. Brown and Stacy E. Brown, Plaintiffs, v. CITY OF ABERDEEN, SOUTH DAKOTA, a municipal corporation; J. Clifton Hurlbert and William E. Hauck, as Mayor and Members of the City Commission of the City of Aberdeen; Fred W. Gerdes, Bill Coester, A. W. Donahue, Robert L. Nikolas and Hale Inman, as Members of the City Commission of the City of Aberdeen; Robert D. Miller, as City Attorney of the City of Aberdeen; TV Signal Company of Aberdeen, a corporation; and George E. Tarver, Defendants.

United States District Court, D. South Dakota, S. D.

April 15, 1971.

Attorney(s) appearing for the Case

Ellsworth E. Evans and Richard Cutler, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., for plaintiffs.

Roger E. Zylstra and Burt A. Braverman, of Cole, Zylstra & Raywid, Washington, D. C., for defendant TV Signal Co. of Aberdeen.

Before BRIGHT, Circuit Judge, NICHOL, Chief District Judge, and BOGUE, District Judge.

MEMORANDUM OPINION

PER CURIAM.

Plaintiff, Aberdeen Cable TV Service, Inc., a South Dakota corporation, brings this suit to enjoin the City of Aberdeen, South Dakota, and its officers, from preventing plaintiff from delivering CATV service to the residents of the City of Aberdeen. Upon request of Chief District Judge Nichol, this three-judge court was convened to hear the case. We have reviewed this action and now find it inappropriate. We therefore dissolve...

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