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At&T Communications of the Southwest, Inc. v. City of Dallas

Citation: 249 F.3d 336Docket: 99-11397

Court: Court of Appeals for the Fifth Circuit; April 18, 2001; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Fifth Circuit Court of Appeals addressed several appeals involving plaintiffs AT&T Communications of the Southwest, Taylor Communications, Caprock Communications Corp., Golden Harbor of Texas, Westel, Inc., and Sprint Communications Company, all of whom were appealing against the City of Dallas, Texas, and Southwestern Bell Telephone Company. The court denied Sprint's petition for rehearing. A letter submitted by Teligent, Inc. was treated as a petition for rehearing, resulting in a correction to the March 15, 2001 opinion, specifically adding a footnote indicating that a Circuit Judge of the Eighth Circuit was sitting by designation. Southwestern Bell's motion to dismiss its appeal against Teligent was granted on March 30, 2000, ensuring that the judgment favoring Teligent remains unaffected by the ongoing appeal. The court affirmed that all other aspects of the original opinion remain unchanged, denying additional relief.

Legal Issues Addressed

Motion to Dismiss Appeal

Application: The court granted Southwestern Bell's motion to dismiss its appeal against Teligent, ensuring the judgment in favor of Teligent remains unchanged.

Reasoning: Southwestern Bell's motion to dismiss its appeal against Teligent was granted on March 30, 2000, ensuring that the judgment favoring Teligent remains unaffected by the ongoing appeal.

Petition for Rehearing

Application: The court addressed and denied Sprint's petition for rehearing in the case.

Reasoning: The court denied Sprint's petition for rehearing.

Treatment of Submissions as Petitions

Application: A letter submitted by Teligent, Inc. was treated as a petition for rehearing, leading to a specific correction in the court's opinion.

Reasoning: A letter submitted by Teligent, Inc. was treated as a petition for rehearing, resulting in a correction to the March 15, 2001 opinion, specifically adding a footnote indicating that a Circuit Judge of the Eighth Circuit was sitting by designation.

Unchanged Aspects of Original Opinion

Application: The court affirmed that all other aspects of the original opinion remain unchanged despite the ongoing appeals.

Reasoning: The court affirmed that all other aspects of the original opinion remain unchanged, denying additional relief.