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CITY OF AUBURN v. QWEST CORP.

Nos. 99-36173, 99-36219.

247 F.3d 966 (2001)

CITY OF AUBURN; City of Bremerton; City of Des Moines; City of Federal Way; A Municipality; City of Lakewood; City of Medina; City of Olympia; City of Puyallup; City of Renton; City of SeaTac; City of Tacoma; City of Tukwila; City of University Place; City of Vancouver, Plaintiffs-Appellees-Cross-Appellants, v. QWEST CORPORATION, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 24, 2001.

Attorney(s) appearing for the Case

Patrick Lynch, Emily Brubaker, O'Melveny & Myers LLP, Los Angeles, California; Judith A. Endejan, Williams, Kastner & Gibbs PLLC, Seattle, Washington; and Teresa Williams Gillespie, Qwest Corporation, Seattle, Washington, for the appellant/cross-appellee.

Carol S. Arnold, Preston Gates & Ellis LLP, Seattle, Washington, for the appellee/cross-appellants.

Before: Pamela Ann RYMER, Sidney R. THOMAS, and M. Margaret McKEOWN, Circuit Judges.

Argued and Submitted February 6, 2001 — Seattle, Washington

McKEOWN, Circuit Judge:

This case presents issues of first impression concerning the relationship between various Washington municipalities and a major telecommunications provider, Qwest Corporation. We are called upon to decide (1) whether an ambiguous tariff filed with the state utilities commission trumps the common law and statutory rule that the utility company, rather than the municipality...

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