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CITY OF GRAND PRAIRIE v. AMERICAN TELEPHONE & TEL. CO.

No. 25884.

405 F.2d 1144 (1969)

CITY OF GRAND PRAIRIE, Appellant, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

January 2, 1969.

Attorney(s) appearing for the Case

Jerry D. Brownlow, Grand Prairie, Tex., for appellant.

Edward F. Barnicle, Jr., Kansas City, Mo., H. P. Kucera, Ford Hall, J. H. Hand, Strasburger, Price, Kelton, Martin & Unis, Dallas, Tex., for appellees.

Before GEWIN, PHILLIPS and GOLDBERG, Circuit Judges.

PHILLIPS, Circuit Judge:

Can a Texas home rule city under its police power require a telephone company to lower underground conduits and cables at the expense of the utility in order to construct a public street, when the cables are located on an easement purchased and owned by the telephone company long prior to the opening of the street? This is the question before us on this appeal.

District Judge Sarah T. Hughes answered this question in the negative and...

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