QWEST COMMUNICATIONS CORP. v. CITY OF BERKELEY

No. C 01-0663 SI.

255 F.Supp.2d 1116 (2003)

QWEST COMMUNICATIONS CORP., Plaintiff, v. THE CITY OF BERKELEY, Defendant.

United States District Court, N.D. California.

April 7, 2003.


Attorney(s) appearing for the Case

Peter A. Wald, Stephan E. Klein, Janis L. Workman, Randall T. Kim, Latham & Watkins, San Francisco, CA, David R. Goodnight, Dorsey & Whitney, LLP, Rita Latsinova, Dorsey & Whitney, LLP, Seattle, WA, for Qwest Communications Corporation, Plaintiff.

William M. Marticorena, Jeffrey Melching, Rutan & Tucker, Costa Mesa, CA, Manuela Albuquerque, Zach Cowan, Bruce Soublet, Berkeley City Attorney's Office, Berkeley, CA, for City of Berkeley, City Council of Berkeley, defendants.

Bruce A. Soublet, Zach Cowan, City of Richmond, Office of City Attorney, Richmond, CA, for Weldon Rucker, in his official capacity as Acting City Manager of the City of Berkeley, Phil Kamlarz, in his official capacity as Deputy City Manager of the City of Berkeley, defendants.


ORDER GRANTING PLAINTIFF'S MOTIONS FOR SUMMARY JUDMENT AND DENYING DEFEDANT'S MOTION FOR SUMMARY JUDGMENT

ILLSTON, District Judge.

On January 3, 2003, the Court heard plaintiffs motion for summary judgment on Ordinance 6608-N.S., plaintiffs motion for summary judgment on Ordinance 6630-N.S., and defendant's motion for summary judgment. Having carefully considered the arguments of counsel and the papers submitted, the Court hereby GRANTS both of the plaintiffs...

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