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QWEST COMMUNICATIONS CORP. v. CITY OF BERKELEY

No. C 01-0663 SI.

146 F.Supp.2d 1081 (2001)

QWEST COMMUNICATIONS CORP., Plaintiff, v. THE CITY OF BERKELEY, et al., Defendants.

United States District Court, N.D. California.

May 23, 2001.

Attorney(s) appearing for the Case

Peter A. Wald, Stephan E. Klein, Janis L. Workman, Randall T. Kim, Latham & Watkins, San Francisco, CA, for Qwest Communications Corp., Plaintiff.

Bruce A. Soublet, Zach Cowan, Manuela Albuguerque, City of Berkeley, Office of City Attorney, Berkeley, CA, William M. Marticorena, Jeffrey Melching, Rutan & Tucker, Costa Mesa, CA, for City of Berkeley, City Council of Berkeley, Weldon Rucker and Phil Kamlarz, Defendants.

ORDER GRANTING PRELIMINARY INJUNCTION

ILLSTON, District Judge.

On April 25, 2001, the Court heard argument on defendants' motion to dismiss and plaintiff's motion for a preliminary injunction. Having carefully considered the arguments of the parties and the papers submitted, including supplemental briefing, the Court hereby DENIES defendants' motion to dismiss, and GRANTS plaintiff's motion for a preliminary injunction, for the reasons set forth below.<...

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