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CITY OF WICHITA, KAN. v. S.WESTERN BELL TELEPHONE

No. 92-3453.

24 F.3d 1282 (1994)

CITY OF WICHITA, KANSAS, a Kansas Municipal Corporation, Plaintiff-Appellant, v. SOUTHWESTERN BELL TELEPHONE COMPANY, a Missouri Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 25, 1994.

Attorney(s) appearing for the Case

Lee H. Woodard (Gary E. Rebenstorf and Joe Allen Lang of the City of Wichita, Wichita, KS, with him on the briefs) of Woodard, Blaylock, Hernandez, Pilgreen & Roth, Wichita, KS, for plaintiff-appellant.

Robert L. Howard (Gary L. Ayers of Foulston & Siefkin, Wichita, KS, Lawrence A. Dimmitt and Michael C. Cavell of Southwestern Bell Telephone Co., Topeka, KS, with him on the brief) of Foulston & Siefkin, Wichita, KS, for defendant-appellee.

Before LOGAN and BRORBY, Circuit Judges, and SEAY, District Judge.

BRORBY, Circuit Judge.

The City of Wichita, Kansas (City) appeals the summary judgment order denying its demand for additional franchise fees from Southwestern Bell Telephone Company (Bell). This diversity action requires construction, under Kansas contract law, of a compensation clause found in the City's franchise agreement with Bell. Title 28 U.S.C. § 1291 provides jurisdiction and we affirm.

BACKGROUND

In late December 1983, the Wichita...

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