XO MISSOURI, INC. v. CITY OF MARYLAND HEIGHTS

No. 4:99-CV-1052 CEJ.

256 F.Supp.2d 966 (2002)

XO MISSOURI, INC. and SOUTHWESTERN BELL TELEPHONE COMPANY, Plaintiffs, v. CITY OF MARYLAND HEIGHTS, Defendant.

United States District Court, E.D. Missouri, Eastern Division.

September 23, 2002.


Attorney(s) appearing for the Case

William L. Davis, Moser and Marsalek, P.C., St. Louis, Howard J. Symons, William A. Davis, Tara M. Corvo, Amy L. Bushyeager, Mintz and Levin, Washington, DC, Daniel Gonzalez, Theodore S. O'Neal, Nextlink Illinois, Oak Brook, IL, Renardo L. Hicks, Harrisburg, PA, Suzanne L. Montgomery, Thompson Coburn, James W. Erwin, Stephen B. Higgins, Thompson Coburn, John F. Medler, Jr., Southwestern Bell Telephone L.P., St. Louis, for XO Missouri, Inc., Southwestern Bell Telephone Company, plaintiffs.

Howard Paperner, Devoto Law Offices, R. Henry Branom, Jr., R. Henry Branom Jr., P.C., St. Louis, for Maryland Heights, City of, defendant.


MEMORANDUM AND ORDER

JACKSON, District Judge.

This matter is before the Court on the motion of plaintiff Southwestern Bell Telephone Company for partial summary judgment on Count I. See Fed.R.Civ.P. 56(c). Defendant has filed a cross motion for summary judgment, and the issues have been fully briefed.

Plaintiffs Southwestern Bell Telephone Company ("SWBT") and XO Missouri, Inc. ("XO") bring this action against the City of Maryland Heights...

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