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CITY OF PORTLAND v. ELECTRIC LIGHTWAVE, INC.

No. Civ. 03-538-AS.

452 F.Supp.2d 1049 (2006)

CITY OF PORTLAND, OREGON, an Oregon municipal corporation, Plaintiff, v. ELECTRIC LIGHTWAVE, INC., a Delaware corporation, Defendant.

United States District Court, D. Oregon.

May 5, 2005.

Attorney(s) appearing for the Case

Terrence Thatcher, Benjamin Walters, Tracy Pool Reeve, Deputy City Attorneys, Office of City Attorney, Portland, OR, for City of Portland.

Timothy R. Volpert, Davis Wright Termaine LLP, Portland, OR, Charles L. Best, Electric Lightwave, Inc., Vancouver, WA, for Electric Lightwave, Inc.

OPINION AND ORDER

ASHMANSKAS, United States Magistrate Judge.

OVERVIEW OF COMPLAINT

The City of Portland (City) filed a complaint against Electric LightWave, Inc. (ELI), for breach of contract for failing to pay franchise fees due and owing under a municipal franchise (Franchise Agreement) the City and ELI entered into eight years ago. Under the Franchise Agreement, the City granted ELI the right to construct and operate a telecommunications system...

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