LEVEL 3 COMMUNICATIONS, L.L.C., Appellee/Cross-Appellant,
v.
CITY OF ST. LOUIS, MISSOURI, Appellant/Cross-Appellee,
Missouri Chapter of the National Association of Telecommunications Officers and Advisors; National Association of Telecommunications Officers and Advisors; International Municipal Lawyers Association; Local Government Lawyer's Roundtable, Amici on behalf of Appellant/Cross-Appellee,
Southwestern Bell Telephone L.P., doing business as AT & T Verizon Telephone Companies; MCImetro Access Transmission Services, LLC, doing business as Verizon Access Transmission Services, Amici on behalf of Appellee/Cross-Appellant.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted: October 16, 2006.
Filed: February 5, 2007.
Attorney(s) appearing for the Case
Kenneth A. Brunetti, argued, San Francisco, CA (Patricia A. Hageman, Edward J. Hanlon and Daniel J. Emerson, City Attorney's Office, St.Louis, on the brief), for appellant.
Rex S. Heinke, argued, Los Angeles, CA (Michael C. Small, Los Angeles, CA; Anthony T. Pierce and Tobias E. Zimmerman, Washington, DC; and Andrew Rothschild, Thomas P. Berra and Theresa A. Phelps, St. Louis, MO, on the brief), for appellee.
John F. Medler, Jr., St. Louis, MO, on behalf of Southwestern Bell Telephone, L.P., case Nos. 06-1398 and 06-1459, but in favor of cross-appellee City of St. Louis only on the issue of "discrimination" and to affirm in part the district court's decision.
Lani L. Williams, Oconomowoc, WI, on behalf of the National Association of Telecommunications Officers and Advisors, International Municipal Lawyers Association and Local Government Lawyer's roundtable, in support of appellant City of St. Louis.
Nancy K. Yendes, Springfield, MO, on behalf of the Missouri Chapter of the National Association of Telecommunications Officers and Advisors in support of appellant City of St. Louis.
Charles H. Carrathers III of Irving, TX and Andrew G. McBride and Megan L. Brown of Washington, DC, on behalf of Verizon Telephone companies and MCImetro Access Transmission Services LLC d/b/a/ Verizon Access Transmission Services in Support of Level 3 Communications, LLC.
Before MELLOY, BEAM, and BENTON, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
BEAM, Circuit Judge.
This case involves a telecommunications licensing agreement that requires Level 3 Communications (Level 3) to pay fees and meet other obligations before accessing streets and rights-of-way owned or controlled by the City of St. Louis (City or St. Louis). The parties appeal and cross-appeal the district court's rulings on cross-motions for summary judgment. We reverse the district court's grant of summary judgment to Level 3 under 47 U.S.C. §...
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