CITY OF TUCSON v. U.S. WEST COMMUNICATIONS, INC.

No. 00-16416.

284 F.3d 1128 (2002)

CITY OF TUCSON, Plaintiff-Appellee, v. U.S. WEST COMMUNICATIONS, INC., a Colorado Corporation, now known as Qwest Corporation, Defendant-Appellant, v. Martha Chase, ex rel State of Arizona, County Attorney for Santa Cruz County; County of Santa Cruz, Plaintiffs-Intervenors-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 26, 2002.


Attorney(s) appearing for the Case

Paul J. Mooney, (Argued and Briefed), Phoenix, AZ, for the defendant-appellant.

William Malone, (Argued and Briefed), Washington, DC, for the plaintiff-appellee.

Ronald M. Lehman, (Argued), Tucson, AZ, for the plaintiffs-intervenors-appellees.

Before: NOONAN, TROTT, Circuit Judges, and EZRA, District Judge.


OPINION

TROTT, Circuit Judge.

OVERVIEW

U.S. West Communications, Inc., now Qwest Corporation ("Qwest"), appeals the district court's Burford abstention order remanding this quo warranto/declaratory judgment action to state court. In response, the City of Tucson ("Tucson") challenges our jurisdiction to hear Qwest's appeal. Because we conclude that: (1) the requirements for Burford abstention are not present, and (2) the Declaratory...

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