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CITY OF CLARKSDALE v. BELLSOUTH TELECOMMUNICATIONS, INC.

No. 04-61057. Summary Calendar.

428 F.3d 206 (2005)

CITY OF CLARKSDALE, Acting by and through the Clarksdale Public Utilities Commission, Plaintiff-Appellant, v. BELLSOUTH TELECOMMUNICATIONS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 5, 2005.

Attorney(s) appearing for the Case

Gerald H. Jacks, Jacks, Adams & Norquist, Cleveland, MS, David R. Hunt, Hunt & Ross, Clarksdale, MS, for City of Clarksdale.

John C. Henegan, Sr., Butler, Snow, O'Mara, Stevens & Cannada, Thomas Bruce Alexander, BellSouth Telecommunications, Inc., Jackson, MS, Dorian S. Denburg, BellSouth Corp., Atlanta, GA, for BellSouth Telecommunications, Inc.

Before DAVIS, SMITH and DENNIS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The City of Clarksdale, acting by and through the Clarksdale Public Utilities Commission, appeals the denial of a motion to remand to state court for failure by defendant BellSouth Telecommunications, Inc. ("BellSouth"), to file its notice of removal timely. After denying the city's motion for reconsideration, the district court certified the issue of timeliness of removal for interlocutory appeal.

The timeliness of removal turns...

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