Chesapeake & Potomac Telephone Co. v. City of Morgantown

Donley, Judge:

This is a suit by The Chesapeake and Potomac Telephone Company of West Virginia, a corporation, against the City of Morgantown, Elmer V/. Prince, City Manager, James A. Ashburn, City Clerk, and John W. Lewis, Acting Chief of Police of the City of Morgantown, to enjoin the enforcement of an Ordinance, adopted by the City on April 9, 1957, as amended on July 9, 1957.

A brief summary of the facts leading up to the adoption of the Ordinance is necessary in order to understand the contentions made by the parties.

Central District Telephone Company, the predecessor of the plaintiff, was…