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AT&T COMMUN., SOUTHWEST v. CITY OF AUSTIN, TEX.

No. A 97-CA-532 SS.

40 F.Supp.2d 852 (1998)

AT & T COMMUNICATIONS OF THE SOUTHWEST, INC., Plaintiff, v. CITY OF AUSTIN, TEXAS, Defendant.

United States District Court, W.D. Texas, Austin Division.

June 4, 1998.

Attorney(s) appearing for the Case

Andrew W. Austin, Sheinfeld, Maley & Kay, Austin, David Graham, Sidley & Austin, Chicago, IL, Thomas K. Anson, Sheinfeld, Maley & Kay, P.C., Austin, for plaintiff.

Peter D. Kennedy, George, Donaldson & Ford, R. James George, Jr., George Donaldson & Ford, Andrew Martin, City of Austin, Todd S. George, George, Donaldson & Ford, Edward Delabarre, City of Austin, Law Department, Austin, for defendant.

FINDINGS OF FACT and CONCLUSIONS OF LAW

SPARKS, District Judge.

This case involves the federal and state preemption vel non of a municipal ordinance which requires emerging local telecommunications service providers to obtain municipal consent before they can provide local telecommunications services in the municipality. On August 21, 1997, the Court issued an order in the above-styled cause granting the motion for preliminary injunction filed...

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