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CITY OF JEFFERSON CITY, MO. v. CINGULAR WIRELESS

Nos. 07-2884, 07-2885.

531 F.3d 595 (2008)

CITY OF JEFFERSON CITY, MISSOURI, Plaintiff, City of Springfield, Missouri, Plaintiff/Appellee, v. CINGULAR WIRELESS LLC; Southwestern Bell Wireless, LLC, Defendants/Appellants, SBC Communications, Inc., Southwestern Bell Telephone, LP; Nextel West Corp.; Alltel Communications, Inc., Defendants. City of Jefferson City, Missouri, Plaintiff, City of Springfield, Missouri, Plaintiff/Appellee, v. Cingular Wireless LLC; SBC Communications, Inc; Southwestern Bell Wireless, LLC; Southwestern Bell Telephone, LP; Nextel West Corp., Defendants, Alltel Communications, Inc., Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 3, 2008.

Attorney(s) appearing for the Case

Todd W. Ruskamp, argued, Kansas City, MO, Dana M. Mehrer and Elizabeth C. Burke, on the brief, Kansan City, MO, for Appellants Cingular Wireless LLC and Southwestern Bell Wireless LLC.

John E. Barry, argued, Washington, DC, Andrew G. McBride and Joshua S. Turner, on the brief, Washington DC, and James B. Deutsch, on the brief, Jefferson City, MO, for Appellant Alltel Communications.

Angela K. Drake, argued, Springfield, MO, John W. Housley and Nicole D. Lindsey, on the brief, Springfield, MO, for appellee.

Before WOLLMAN, HANSEN, and MELLOY, Circuit Judges.

WOLLMAN, Circuit Judge.

The issue before us is whether providing cell phone services1 in the City of Springfield ("Springfield")2 makes a company subject to a local tax ordinance on businesses who engage in "supplying telephones, and telecommunications and telephonic service, and telecommunications services, within the city."3 Springfield Code § 70-452 (2000). The district...

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