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CITY OF AUBURN v. QWEST CORP.

No. 99-36173, 99-36219.

260 F.3d 1160 (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.

Amended July 10, 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.

ORDER

The Opinion filed April 24, 2001 [247 F.3d 966] is amended as follows:

1. At 247 F.3d at 980, section II.C.1, second paragraph: Replace sentence reading: "A number of courts have held that various requirements imposed by local ordinances constitute a prohibition within the meaning of § 253(a)." with "A number of courts have held that certain...

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