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QWEST CORP. v. CITY OF DES MOINES, IOWA

No. 17-1257.

896 F.3d 843 (2018)

QWEST CORPORATION, doing business as CenturyLink QC; Windstream Communications, LLC, Formerly doing business as Windstream Communications, Inc.; McLeodUSA Telecommunications Services, L.L.C. Plaintiffs-Appellants, v. CITY OF DES MOINES, IOWA Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 17, 2018.

Attorney(s) appearing for the Case

Kathryn E. Jones , KUTAK & ROCK, Omaha, NE, Thomas W. Snyder , KUTAK & ROCK, Omaha, NE, Tiffanie Stasiak , KUTAK & ROCK, Denver, CO, for Plaintiff-Appellant.

Thomas George Fisher, Jr. , CITY ATTORNEY'S OFFICE, Des Moines, IA, John O. Haraldson , CITY ATTORNEY'S OFFICE, Des Moines, IA, for Defendant-Appellee.

Before BENTON, KELLY, and STRAS, Circuit Judges.

In this case, several wire-line telecommunications carriers (collectively, the Carriers) contest an ordinance enacted by the City of Des Moines, Iowa. The ordinance charges the Carriers for their use of public rights-of-way. The Carriers claim the ordinance is preempted by federal law, and exceeds the City's powers under Iowa...

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