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XO MISSOURI v. CITY OF MARYLAND HEIGHTS

No. 03-1467.

362 F.3d 1023 (2004)

XO MISSOURI, INC., Southwestern Bell Telephone Company, L.P., doing business as Southwestern Bell Telephone Company, Plaintiffs — Appellees, v. CITY OF MARYLAND HEIGHTS, Defendant — Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 1, 2004.

Attorney(s) appearing for the Case

Robert Henry Branom, Jr., argued, St. Louis, Missouri (Howard Paperner and Robert L. DeVoto on the brief), for appellant.

Stephen B. Higgins, argued, St. Louis, Missouri (Suzanne L. Montgomery and John F. Medler, Jr., on the brief), for appellee.

Before MELLOY, BEAM, and COLLOTON, Circuit Judges.

MELLOY, Circuit Judge.

XO Missouri, Inc. ("XO") and Southwestern Bell Telephone, L.P. ("Bell") brought separate actions to prevent enforcement of Maryland Heights Ordinance No.2000-1909 (the "Ordinance") under which the City of Maryland Heights (the "City") attempted to regulate and establish fees for telephone company use of public utility rights-of-way. The district court1 consolidated the...

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