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BELLSOUTH v. CITY OF MEMPHIS

No. W2003-01047-COA-R3-CV.

160 S.W.3d 901 (2004)

BELLSOUTH TELECOMMUNICATIONS, INC., v. CITY OF MEMPHIS, TENNESSEE.

Court of Appeals of Tennessee, Western Section, at Jackson.

July 12, 2004.

Permission to Appeal Denied January 4, 2005.

Attorney(s) appearing for the Case

Louis F. Allen and Earle J. Schwartz of Memphis; Guy M. Hicks of Nashville; Dorian S. Denburg of Atlanta, Georgia; John E. Muench and Robert M. Dow, Jr. of Chicago, Illinois, for Appellant, BellSouth Telecommunications, Inc.

Robert L.J. Spence, Jr. and Monika L. Johnson; Allan J. Wade and Lori Hackleman Patterson of Memphis; Clarence A. West of Austin, Texas, for Appellee, City of Memphis, Tennessee.

Permission to Appeal Denied by Supreme Court January 4, 2005.

OPINION

W. FRANK CRAWFORD, P.J., W.S., delivered the opinion of the court, in which DAVID R. FARMER, J. and HOLLY M. KIRBY, J., joined.

Telecommunications corporation appeals trial court's grant of summary judgment to city, alleging that trial court incorrectly determined that city ordinance imposing a charge of five percent of gross revenue of the corporation was not inconsistent with...

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