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CITY OF BRISTOL, VA v. EARLEY

No. 1:00CV00173.

145 F.Supp.2d 741 (2001)

CITY OF BRISTOL, VIRGINIA, Etc, Plaintiff, v. Mark L. EARLEY, Attorney General, et al., Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

May 16, 2001.

Attorney(s) appearing for the Case

James Baller, The Baller Herbst Law Group, P.C., Washington, DC, J.D. Bowie, Bristol, VA, for Plaintiff.

Judith Williams Jagdmann, Deputy Attorney General of Virginia, and A. Ann Berkebile, Assistant Attorney General of Virginia, Richmond, VA, for Defendants Mark L. Earley, Attorney General and Commonwealth of Virginia.

Edward J. Fuhr, Hunton & Williams, Richmond, VA, for Intervenor-Defendant Virginia Telecommunications Industry Association.

Steven R. Minor, Elliott Lawson & Pomrenke, Bristol, VA, for Amicus Curiae Congressman Rick Boucher and Amicus Curiae Blue Ridge Power Agency.

OPINION

JONES, District Judge.

In this suit by a municipality seeking a declaratory judgment that a Virginia statute is preempted by the federal Telecommunications Act of 1996, I grant summary judgment in favor of the plaintiff and declare the Virginia statute unenforceable under the Supremacy Clause of the Constitution.

I

The plaintiff in this case is the City of Bristol, Virginia, doing business as the Bristol Virginia Utilities Board...

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