Legal Opinion
Qwest Communications Corp. v. City of New York
District Court, E.D. New York
Decided September 15, 2005No. 04-CV-3019 (FB)(RLM)PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM & ORDER
BLOCK, District Judge.
Qwest Communications Corporation (“Qwest”) brought this action against The City of New York (“City”), seeking a declaration that the New York City Charter (“Charter”), New York City Council Resolution No. 529 (“Resolution”) and the Franchise Agreement between Qwest and the City (“Franchise Agreement”) are preempted by section 253 of the Federal Telecommunications Act of 1996 (“FTA”). In addition, Qwest seeks damages and other relief pursuant to 42 U.S.C. § 1983, on the ground that the Charter, Resolution and Franchise Agreement violate section 253 of…
2Cases cited12 opinions
- Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
- Freedom Holdings Inc. v. SpitzerCourt of Appeals for the Second Circuit · 2004
- Qwest Corporation v. City of Santa FeCourt of Appeals for the Tenth Circuit · 2004
- Wachovia Bank, N.A. v. BurkeCourt of Appeals for the Second Circuit · 2005
- City of Auburn v. Qwest Corp.Court of Appeals for the Ninth Circuit · 2001
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3Cited by2 opinions
- Coastal Communications Service, Inc. v. City of New YorkDistrict Court, E.D. New York · 2009
- Qwest Communications Corp. v. Maryland-National Capital Park & Planning CommissionDistrict Court, D. Maryland · 2008