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CITY OF DALLAS v. GTE SOUTHWEST, INC.

No. 2-97-379-CV.

980 S.W.2d 928 (1998)

CITY OF DALLAS, Appellant, v. GTE SOUTHWEST, INC., Appellee. GTE SOUTHWEST, INC., Appellant, v. CITY OF DALLAS, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled December 10, 1998.

Attorney(s) appearing for the Case

E. Russell Nunnally, Tammy S. Wood, Bell, Nunnally & Martin PLLC, Dallas, for Appellant.

Ronald D. Stutes, Office of the City Attorney, Dallas, for Appellee.

Before LIVINGSTON, DAUPHINOT and HOLMAN, JJ.

OPINION

HOLMAN, Justice.

GTE Southwest Incorporated (GTESW) sued the City of Dallas and other cities for a declaratory judgment to resolve disagreements about the amounts of franchise fees payable by GTESW under provisions of the defendant cities' ordinances that allowed GTESW to conduct portions of its telephone transmission business within the cities' rights-of-way. When the conflicts arose, GTESW stopped paying franchise fees to the cities. Because all...

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