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LEVEL 3 COMMUNICATIONS v. CITY OF ST. LOUIS, MO

Nos. 4:04-CV-871 CAS, 4:04-CV-1046 CAS.

405 F.Supp.2d 1047 (2005)

LEVEL 3 COMMUNICATIONS, LLC, Plaintiff, v. CITY OF ST. LOUIS, MISSOURI, Defendant. City of St. Louis, Missouri, Plaintiff, v. Level 3 Communications, LLC Defendant.

United States District Court, E.D. Missouri, Eastern Division.

December 19, 2005.

Attorney(s) appearing for the Case

Anthony T. Pierce, Tobias E. Zimmerman, Akin and Gump, Washington, DC, Andrew Rothschild, Theresa A. Phelps, Thomas P. Berra, Jr., Lewis and Rice, St. Louis, MO, for Plaintiff, Level 3 Communications, LLC.

Kenneth A. Brunetti, Miller & Van Eaton, LLP, San Francisco, CA, Daniel J. Emerson, Edward J. Hanlon, St. Louis City Counselor, St. Louis, MO, for Defendant, City of St. Louis, Missouri.

MEMORANDUM AND ORDER

SHAW, District Judge.

Plaintiff Level 3 Communications, LLC ("Level 3") filed suit against the City of St. Louis ("City") seeking a declaration that the terms, restrictions, obligations and fees established by the Communications Transmission System License Agreement ("License Agreement") between Level 3 and the City violates the Federal Telecommunications Act of 1996, ("FTA" or "Act"), 47 U.S.C. § 253, 42 U.S.C. § 1983...

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