Legal Opinion
Southwestern Bell Telephone Co. v. City of El Paso
Court of Appeals for the Fifth Circuit
Decided September 19, 2003No. 02-50825, 02-50899PublishedCited by 10 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Southwestern Bell Telephone Co. (“SWBT”) brought a suit under 42 U.S.C. § 1983 for declaratory and injunctive relief against the City of El Paso and El Paso County Water Improvement District No. 1 (“EPCWID”), claiming that EPCWID’s application process and fees for the use of its facilities constituted an illegal taking in violation of the Fifth Amendment as well as the Contract Clause of the Constitution, and a violation of the Federal Telecommunications Act of 1996 (“FTA”). 1 SWBT also alleged that EPCWID’s actions violated state law, particularly Texas…
2Cases cited34 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Farrar v. HobbySupreme Court of the United States · 1992
- Hagans v. LavineSupreme Court of the United States · 1974
- Maher v. GagneSupreme Court of the United States · 1980
- S&w Enterprises, L.L.C., a Nevada Limited Liability Company v. Southtrust Bank of Alabama, Na, an Alabama Banking CorporationCourt of Appeals for the Fifth Circuit · 2003
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3Cited by10 opinions
- Wendy Davis v. Rick PerryCourt of Appeals for the Fifth Circuit · 2015
- Evanston Ins. Co. v. Legacy of Life, Inc.Court of Appeals for the Fifth Circuit · 2011
- In Re Enron Corp. Secur., Deriv. &" Erisa" Lit.District Court, S.D. Texas · 2009
- C.F. v. Capistrano Unified School DistrictDistrict Court, C.D. California · 2009
- League of Residential Neighborhood Advocates v. City of Los AngelesDistrict Court, C.D. California · 2009
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