Legal Opinion

Qwest Corp. v. City of Portland

District Court, D. Oregon

Decided March 22, 2002No. Civil 01-1005-JEPublishedCited by 11 opinions

1Opinion of the Court

OPINION AND ORDER

JELDERKS, United States Magistrate Judge.

Plaintiff Qwest Corp. claims that the Federal Telecommunications Act of 1996, 47 U.S.C. § 253, prohibits Oregon cities from collecting a percentage of Qwest’s revenues in exchange for Qwest’s use of public rights of way. The defendants are the Cities of Ashland, Eugene, Happy Valley, Keizer, North Plains, Pendleton, Portland, Redmond, Salem, and Springfield (the Cities). The Cities counterclaim for past-due fees that Qwest refuses to pay pending resolution of this lawsuit.

The parties have filed cross-motions for summary judgment. I…

2Cases cited19 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  3. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  4. T.W. Electrical Service, Inc. v. Pacific Electrical Contractors Ass'nCourt of Appeals for the Ninth Circuit · 1987
  5. Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001

14 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Sprint Telephony PCS, L.P. v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2008
  2. Qwest Communications Corp. v. City of BerkeleyDistrict Court, N.D. California · 2002
  3. Qwest Corp. v. City of Santa Fe, New MexicoDistrict Court, D. New Mexico · 2002
  4. Qwest Corp. v. City of PortlandCourt of Appeals for the Ninth Circuit · 2004
  5. XO Missouri, Inc. v. City of Maryland HeightsDistrict Court, E.D. Missouri · 2003

6 more not listed; retrieve them via the Exa API.

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