Legal Opinion · Concurrence

Consolidated Television Cable Service, Inc. v. City of Frankfort

Court of Appeals for the Sixth Circuit

Decided September 21, 1988No. 87-5539Published

1ConcurrenceWellford, Circuit Judge

The prior decision of this court authored by Chief Judge Harry Phillips, held, in effect, that the City of Frankfort, through its agent, Community, was operating a CATV system in that city, and held:

This suit was filed by Consolidated to challenge the expansion of the City-owned CATV system, contending that the acts of the City and its agencies impair obligations of contract and deny Consolidated due process of law as guaranteed by the Fourteenth Amendment.

*363The City and its agencies are shown to be doing nothing more than to use City-owned utility poles for the extension of the CATV services…

2Cases cited6 opinions

  1. Parker v. BrownSupreme Court of the United States · 1943
  2. City of Owensboro v. Top Vision Cable Co. of KentuckyCourt of Appeals of Kentucky (pre-1976) · 1972
  3. Hopkinsville Cable TV, Inc. v. Pennyroyal Cablevision, Inc.District Court, W.D. Kentucky · 1982
  4. Consolidated Television Cable Service, Incorporated v. City of Frankfort, KentuckyCourt of Appeals for the Sixth Circuit · 1972
  5. Consolidated Television Service, Inc. v. LearyCourt of Appeals of Kentucky · 1964

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