QWEST CORP. v. CITY OF SANTA FE, NEW MEXICO

Nos. 02-2258, 02-2269.

380 F.3d 1258 (2004)

QWEST CORPORATION, a Colorado corporation, Plaintiff-Appellant/Cross-Appellee, v. CITY OF SANTA FE, NEW MEXICO, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

August 24, 2004.


Attorney(s) appearing for the Case

David R. Goodnight and John H. Ridge, Stoel Rives, L.L.P., Seattle, Washington (Yana D. Koubourlis, Sarah E. Heineman, Dorsey & Whitney, LLP, Seattle, WA, Roy A. Adkins, Qwest Corporation, Denver, CO, William R. Richardson, Jr., Lynn R. Charytan, Wilmer, Cutler & Pickering, Washington, D.C., with him on the briefs), for Plaintiff-Appellant/Cross-Appellee.

Joseph Van Eaton, Miller & Van Eaton, P.L.L.C., Washington, D.C. (William Malone, Mitsuko R. Herrera, Miller & Van Eaton, P.L.L.C., Washington, D.C., Nann Houliston, Of Counsel, Albuquerque, NM, Bruce Thompson, City Attorney, City of Santa Fe, Santa Fe, NM, with him on the briefs), for Defendant-Appellee/Cross-Appellant.

Before MURPHY, PORFILIO, and HARTZ, Circuit Judges.


MURPHY, Circuit Judge.

I. INTRODUCTION

The City of Santa Fe, a political subdivision of the State of New Mexico, adopted an ordinance (the "Ordinance") which established new procedures for telecommunications providers seeking access to city-owned rights-of-way. Qwest Corporation ("Qwest") provides telecommunications services in Santa Fe and utilizes the rights-of-way. Qwest brought suit in federal district court...

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