Legal Opinion
New Jersey Payphone Association, Inc, a Not for Profit Corporation Organized Under the Laws of New Jersey v. Town of West New York
Court of Appeals for the Third Circuit
Decided July 26, 2002No. 01-1917PublishedCited by 51 opinions
1Opinion of the Court
HALL, Circuit Judge.
The Town of West New York appeals the District Court’s grant of summary judgment finding an ordinance of the town preempted by Section 253 of the Telecommunications Act of 1996, codified at 47 U.S.C. § 253. The ordinance permits the town to grant an exclusive franchise to one or two pay telephone providers to provide telephone service on public rights of way. The franchise is to be awarded pursuant to a formal auction process and is to be based on several criteria, primarily the amount of compensation offered to the town by the bidder. The town denies that the ordinance…
2Cases cited25 opinions
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
- Jones v. Rath Packing Co.Supreme Court of the United States · 1977
- Estate of Cowart v. Nicklos Drilling Co.Supreme Court of the United States · 1992
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3Cited by51 opinions
- Qwest Corporation v. City of Santa FeCourt of Appeals for the Tenth Circuit · 2004
- Andrew Sasser v. Ray HobbsCourt of Appeals for the Eighth Circuit · 2013
- C.E.R. 1988, Inc. v. The Aetna Casualty and Surety CompanyCourt of Appeals for the Third Circuit · 2004
- Puerto Rico Telephone Co. v. Municipality of GuayanillaCourt of Appeals for the First Circuit · 2006
- Mall Real Estate, L.L.C., an Iowa Limited Liability Company v. City of Hamburg, an Iowa Municipal CorporationSupreme Court of Iowa · 2012
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