Metropolitan Cablevision, Inc. v. Cox Cable Cleveland Area

Cox Cable Television Company (defendant) and Metropolitan Cablevision (MetroTen) (plaintiff) were competing cable providers. Cox routinely stapled, screwed, or otherwise attached its wiring inside customers' homes and typically left the wiring behind after a subscriber cancelled service, since removing it cost more than it was worth. When customers switched to MetroTen, MetroTen would simply reuse Cox's leftover wiring. When subscriber Dawn Mueller cancelled her Cox service, Cox tried to remove its wiring, but Mueller refused. MetroTen sued for a declaratory judgment that the wiring was a fixture belonging to the home rather than personal property Cox could reclaim. The trial court ruled for MetroTen, and Cox appealed.