Legal Opinion
City of Auburn v. Qwest Corp.
Court of Appeals for the Ninth Circuit
Decided April 24, 2001No. Nos. 99-36173, 99-36219PublishedCited by 6 opinions
1Opinion of the Court
McKEOWN, Circuit Judge:
This case presents issues of first impression concerning the relationship between various Washington municipalities and a major telecommunications provider, Qwest Corporation. We are called upon to decide (1) whether an ambiguous tariff filed with the state utilities commission trumps the common law and statutory rule that the utility company, rather than the municipality, bears the expense for a facility relocation made necessary by right-of-way improvements, and (2) whether state law and the Federal Telecommunications Act of 1996 preempt certain city ordinances that…
2Cases cited39 opinions
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Califano v. SandersSupreme Court of the United States · 1977
- Singleton v. WulffSupreme Court of the United States · 1976
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Babbitt v. United Farm Workers National UnionSupreme Court of the United States · 1979
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3Cited by6 opinions
- Qwest Communications Corp. v. City of BerkeleyDistrict Court, N.D. California · 2001
- Pacific Bell Telephone Co. v. City of HawthorneDistrict Court, C.D. California · 2001
- Natural Resources Defense Council, Inc. v. EvansDistrict Court, N.D. California · 2001
- City of Portland v. Electric Lightwave, Inc.District Court, D. Oregon · 2005
- City Of Auburn v. Qwest CorporationCourt of Appeals for the Ninth Circuit · 2001
1 more not listed; retrieve them via the Exa API.