SOUTHWESTERN BELL TELEPHONE CO. v. CITY OF EL PASO

Nos. 02-50825, 02-50899.

346 F.3d 541 (2003)

SOUTHWESTERN BELL TELEPHONE COMPANY, Plaintiff-Appellant, v. CITY OF EL PASO; et al., Defendants, El Paso County Water Improvement District No. 1, Defendant-Appellee. Southwestern Bell Telephone Company, Plaintiff-Appellee, v. City of El Paso; et al., Defendants, El Paso County Water Improvement District No. 1, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 31, 2003.


Attorney(s) appearing for the Case

David John Schenck (argued), David Lawrence Horan (argued), Robert Edwin Davis, Hughes & Luce, Dallas, TX, for Southwestern Bell Tel. Co.

Keith R. Taunton, Louis Keith Slade (argued), Tucker, Taunton, Snyder & Slade, Houston, TX, James M. Speer, Jr. (argued), Law Office of James M. Speer, El Paso, TX, for El Paso County Water Improvement Dist. No. 1.

Before JOLLY, HIGGINBOTHAM and STEWART, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Southwestern Bell Telephone Co. ("SWBT") brought a suit under 42 U.S.C. § 1983 for declaratory and injunctive relief against the City of El Paso and El Paso County Water Improvement District No. 1 ("EPCWID"), claiming that EPCWID's application process and fees for the use of its facilities constituted an illegal taking in violation of the Fifth Amendment as well as the Contract Clause of the Constitution, and a violation...

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