AT&T COMMUNICATIONS OF THE SOUTHWEST, INC., Plaintiff-Appellee,
v.
CITY OF AUSTIN, Defendant-Appellant.
AT&T Communications of the Southwest, Inc., Plaintiff-Appellee,
v.
City of Austin, Defendant-Appellant.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
December 21, 2000.
December 21, 2000.
Attorney(s) appearing for the Case
Thomas K. Anson, Johnny Wayne Chambless, II, Sheinfeld, Maley & Kay, Austin, TX, David F. Graham (argued), Sidley & Austin, Chicago, IL, for Plaintiff-Appellee.
Renea Hicks (argued), Edward Delabarre, Austin, TX, for Defendant-Appellant.
Clarence A. West, Joe Wallace Beverly, Houston, TX, for The Texas Coalition of Cities on Franchised Utilities Issues, Amicus Curiae.
David John Schenck, Robert Edwin Davis, Hughes & Luce, Dallas, TX, for Southwestern Bell Tel. Co., Amicus Curiae.
Carl H. von Ende, Michael C. Fayz, Miller, Canfield, Paddock & Stone, Detroit, MI, for City of Dallas, TX, Amicus Curiae.
Monte Akers, Texas Municipal League, Austin, TX, for Texas Municipal League and the Texas City Attorneys Ass'n, Amicus Curiae.
Richard L. Crozier, Davidson & Troilo, Austin, TX, for Texas Ass'n of Long Distance Tel. Companies (TEXALTEL), Amicus Curiae.
Glenn B. Manishin, Patton Boggs, McLean, VA, Christy Cornell Kunin, Blumenfeld & Cohen, Washington, DC, for Competition Policy Institute, Amicus Curiae.
Lionel Mark Schooler, Jackson & Walker, Houston, TX, for Sprint Communications Co. L.P., Amicus Curiae.
Diane M. Barlow, Casey, Gentz & Sifuentes, Austin, TX, for Teligent, Inc., ICG Choicecom, L.P., Frontier Local Services, Inc., Nextlink Texas, Inc. and the Ass'n for Local Telecommunications Services, Amicus Curiae.
Before DUHÉ and PARKER, Circuit Judges, and FOLSOM, District Judge.
United States Court of Appeals, Fifth Circuit.
DUHÉ, Circuit Judge:
This appeal challenges the district court's refusal to vacate its prior judgments for mootness. For the following reasons, we hold that this case is moot, vacate the district court's judgments, remand the case to the district court, and direct the court to dismiss it as moot.
BACKGROUND
AT&T Communications of the Southwest, Inc. ("AT&T") filed the underlying lawsuit in the Western District of Texas in 1997. In it...
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