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KELEHER v. NEW ENGLAND TEL. & TEL. CO.

Civ. A. No. 90-290.

755 F.Supp. 117 (1991)

Brendan S. KELEHER, Treasurer of the City of Burlington, Vermont, in his official capacity, and the City of Burlington v. NEW ENGLAND TELEPHONE & TELEGRAPH CO.

United States District Court, D. Vermont.

January 3, 1991.

Attorney(s) appearing for the Case

Joseph E. McNeil, McNeil & Murray, John L. Franco, Jr., Office of City Atty. of Burlington, Vt., Burlington, Vt., for plaintiffs.

Charles E. Finberg, R. Allan Paul, Neal D. Ferenc, Paul, Frank & Collins, Inc., Burlington, Vt., for defendant.

OPINION AND ORDER

PARKER, District Judge.

In this diversity action, the City of Burlington (City) sued New England Telephone & Telegraph Company (NET) for a declaratory judgment and to recover fees due the City under the terms of the Street Franchise Fee Ordinance, Burlington Code of Ordinances Article VI, enacted on June 11, 1990. The ordinance provides that, absent an agreement with the City, telephone companies using city streets for poles, wires...

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