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COX COMMUNICATIONS PCS, L.P. v. CITY OF SAN MARCOS

Civ. No. 01CV2304-B(AJB).

204 F.Supp.2d 1272 (2002)

COX COMMUNICATIONS PCS, L.P., A Delaware limited partnership, Plaintiff, v. CITY OF SAN MARCOS, a California municipality; F.H. Smith, in his capacity as Mayor of the City of San Marcos; Pia Harris, in her capacity as Vice-Mayor of the City of San Marcos; Hal Martin, in his capacity as a councilmember of the City of San Marcos; Mark J. Rozmus, in his capacity as a councilmember of the City of San Marcos; Lee B. Thibadeau, in his capacity as a councilmember of the City of San Marcos, Defendant.

United States District Court, S.D. California.

April 18, 2002.

Attorney(s) appearing for the Case

Juanita R. Brooks, Daniel T. Pascucci, Andrew D. Skale, Fish & Richardson, P.C., San Diego, CA, for plaintiffs.

Kevin P. Sullivan, Judith Hartwzig, Lounsbery, Ferguson, Altona & Peak, LLP, Escondido, CA, for defendants.

GRANTING IN PART, DENYING IN PART, DEFENDANTS' MOTION TO DISMISS

BREWSTER, Senior District Judge.

I. Introduction and Background

Plaintiff Cox Communications PCS, L.P. (d.b.a. Sprint PCS) ("Sprint") is a provider of wireless telecommunications service throughout the San Diego area, including the City of San Marcos ("the City"). On April 20, 2001, Sprint sent a letter to the City requesting permission to use the public rights-of-way to install various...

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