CITY OF NEW ORLEANS v. BELLSOUTH TELECOM

Nos. 11-30607, 11-31058.

690 F.3d 312 (2012)

CITY OF NEW ORLEANS, Plaintiff-Appellee Cross-Appellant, Council for the City of New Orleans, Intervenor Plaintiff-Appellee Cross-Appellant, v. BELLSOUTH TELECOMMUNICATIONS, INCORPORATED, doing business as AT&T Louisiana, Defendant-Intervenor Defendant-Appellant Cross-Appellee. City of New Orleans, Plaintiff, v. BellSouth Telecommunications, Incorporated, Defendant. BellSouth Telecommunications, L.L.C., doing business as AT&T Louisiana, Plaintiff-Appellant, v. City of New Orleans; New Orleans City Council; Jacquelyn Brechtel Clarkson, solely in her official capacity as member of the Council of the City of New Orleans; Arnie Fielkow, solely in his official capacity as member of the Council of the City of New Orleans; Susan G. Guidry, solely in her official capacity as member of the Council of the City of New Orleans; Stacy Head, solely in her official capacity as member of the Council of the City of New Orleans; Kristin Gisleson Palmer, solely in her official capacity as member of the Council of the City of New Orleans; Cynthia Hedge-Morrell, solely in her official capacity as member of the Council of the City of New Orleans; Jon D. Johnson, solely in his official capacity as member of the Council of the City of New Orleans; Mitchell Joseph Landrieu, also known as Mitch Landrieu, solely in his official capacity as Mayor of the City of New Orleans, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 31, 2012.


Attorney(s) appearing for the Case

Basile Joseph Uddo , Metairie, LA, William D. Aaron, Jr. (argued), DeWayne Larry Williams , Aaron, P.L.C., New Orleans, LA, for Intervenor Plaintiff-Appellee Cross-Appellant and Plaintiff-Appellee Cross-Appellant in No. 11-30607.

Edward Hart Bergin (argued), Tarak Anada , Robert Patrick Vance , Jones Walker , Michael D. Karno , AT&T Louisiana, Legal, New Orleans, LA, Javier Aguilar , Gen. Atty., AT&T Services, Inc., Dallas, TX, for Defendant-Intervenor Defendant-Appellant Cross-Appellee in No. 11-30607.

Tarak Anada , Jones Walker , New Orleans, LA, Michael D. Karno , AT&T Louisiana, Legal, New Orleans, LA, for Plaintiff-Appellant in No. 11-31058.

William D. Aaron, Jr. , DeWayne Larry Williams , Aaron, P.L.C., New Orleans, LA, Brenda Breaux , City of New Orleans, LA, Carl A. Butler , LeBlanc Butler , L.L.C., Basile Joseph Uddo , Metairie, LA, for Defendants-appellants in No. 11-31058.

Before SMITH, GARZA and SOUTHWICK, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

The City of New Orleans ("the City") filed suit against BellSouth Telecommunications, L.L.C. ("BellSouth," or "the company"), claiming that the company owed it additional compensation for the use of its public rights-of-way. After a bench trial, the district court issued findings of fact and conclusions of law that rejected the City's claims for additional compensation pursuant to the various contracts between the parties. However,...

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