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TIME WARNER TELECOM OF OREGON v. CITY OF PORTLAND

Nos. CV 04-1393-PA, CV 05-1386-PA.

452 F.Supp.2d 1107 (2006)

TIME WARNER TELECOM OF OREGON, LLC, and Qwest Communications Corp., Plaintiffs, v. The CITY OF PORTLAND, Defendant. Qwest Corp., Plaintiff, The City of Portland, Defendant.

United States District Court, D. Oregon.

July 7, 2006.

Attorney(s) appearing for the Case

Arthur A. Butler, Ater Wynne, LLP, Seattle, WA, Mark A. Turner, Ater Wynne, LLP, Portland, OR, Cynthia A. Mitchell, Hogan & Hartson, LLP, Boulder, CO, Peter S. Spivack, Hogan & Hartson, LLP, Washington, DC, Brad S. Daniels, John H. Ridge, David R. Goodnight, Maren R. Norton, Stoel Rives, LLP, Seattle, WA, Alex M. Duarte, Qwest Communications, Portland, OR, for Plaintiffs.

Benjamin E. Walters, City of Portland City Attorney's Office, Portland, OR, Joseph L. Van Eaton, Miller & Van Eaton, PLLC, Washington, DC, Terence L. Thatcher, City Attorney's Office, Portland, OR, for Defendant.

OPINION

PANNER, District Judge.

In these consolidated actions, one issue remains for decision: the City of Portland's counterclaim for breach of contract against Time-Warner Telecom of Oregon, LLC (TWT). The parties have submitted the issue to the court for resolution.

These are my findings of fact and conclusions of law. I conclude that TWT breached its franchise agreement with the City by failing to treat revenues from information and co-location...

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