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  5. 438 F.Supp.2d 1321 (2006)
 

QWEST CORP. v. UTAH TELECOMMUN. OPEN INFRASTRUC.

No. 2:05 CV 00471 PGC.

438 F.Supp.2d 1321 (2006)

QWEST CORPORATION, Plaintiff, v. UTAH TELECOMMUNICATIONS OPEN INFRASTRUCTURE AGENCY, an interlocal cooperative governmental agency; the City of Riverton, a Utah municipal corporation; and Tetra Tech Construction Services Inc., a Colorado corporation, Defendants.

United States District Court, D. Utah, Central Division.

July 18, 2006.

Attorney(s) appearing for the Case

David R. Goodnight, Stoel Rives, Seattle, WA, Gregory B. Monson, Stoel Rives, Salt Lake City, UT, John H. Ridge, Stoel Rives, Seattle, WA, Loren G. Armstrong, Stoel Rives, Seattle, WA, Maren R. Norton, Stoel Rives, Seattle, WA, for Plaintiff.

David J. Shaw, Utah Telecommunication Open Infrastructure Agency, West Valley City, UT, James Baller, Sean A. Stokes, The Bailer Herbst Law Group, Washington, DC, Steven W. Allred, David L. Church, Blaisdell & Church, David C. Richards, Karra J. Porter, Christensen & Jensen PC, David M. Kono, Robert K. Reynard, Bennett Tueller Johnson & Deere LLC, Salt Lake City, UT, for Defendants.

ORDER GRANTING MOTION TO DISMISS UTOPIA'S COUNTER-CLAIMS AND DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT

CASSELL, District Judge.

In this lawsuit, plaintiff Qwest Corporation claims that 47 U.S.C. § 253, the Federal Telecommunications Act ("FTA"), preempts Utah Code Ann. § 59-12-104(2) and Article XIII, § 3 of the Utah Constitution because they extend tax-exempt status to defendant UTOPIA and thereby allow UTOPIA to offer telecommunications...

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