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BORO. OF MUNHALL v. DYNAMIC CABLE., INC.

No. 1213 C.D. 1976.

31 Pa.Commw. 575 (1977)

The Borough of Munhall, a municipal corporation, Appellant v. Dynamic Cablevision, Inc., a corporation, Appellee.

Commonwealth Court of Pennsylvania.

September 13, 1977.

Attorney(s) appearing for the Case

Edward A. Witt, with him Cleland, Hurtt, Witt and Weil, for appellant.

Mord C. Taylor, Jr., with him Ruby, Nescott and Taylor, for appellee.

George J. Barco, with him Yolanda G. Barco, and Barco and Barco, for amicus curiae, Pennsylvania Cable Television Association.

Argued May 3, 1977, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT. Judge KRAMER did not participate in the decision.

OPINION BY JUDGE ROGERS, September 13, 1977:

The Borough of Munhall (Borough) has appealed an order of the Court of Common Pleas of Allegheny County sustaining Dynamic Cablevision, Inc.'s (Dynamic) demurrer to, and dismissing, the Borough's complaint in equity. We reverse.

On July 26, 1968, the Borough enacted Ordinance No. 1177 granting Dynamic the exclusive right "to erect, maintain and operate transmission and distribution facilities, in, under, over, along...

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