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GST TUCSON LIGHTWAVE, INC. v. CITY OF TUCSON

No. 2 CA-CV 96-0092.

949 P.2d 971 (1997)

190 Ariz. 478

GST TUCSON LIGHTWAVE, INC., an Arizona corporation, Plaintiff/Appellant, v. CITY OF TUCSON, a municipal corporation, Defendant/Appellee.

Court of Appeals of Arizona, Division 2, Department A.

Review Dismissed August 22, 1997.

Attorney(s) appearing for the Case

Belin Harris Lamson McCormick by Edward M. Mansfield, Des Moines, IA, and Nancy M. Coomer, Tucson, for Plaintiff/Appellant.

Gabroy, Rollman & Bosse, P.C. by Richard M. Rollman and Richard A. Brown, Tucson, for Defendant/Appellee.

OPINION

PELANDER, Presiding Judge.

I. FACTS AND PROCEDURAL BACKGROUND

Plaintiff GST Tucson Lightwave (Lightwave) provides telephone services in competition with local telephone companies. Generally, access to long distance carriers is provided by the local telephone company. Lightwave, a competitive access provider, uses fiberoptic cable to provide digital communications between a customer and a long distance carrier.

In July 1994...

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