United States Second Circuit

The Telecommunications Act does not preempt the franchise agreement that plaintiff sought to compel defendant to negotiate; accordingly, summary judgment for defendant is vacated for lack of subject matter jurisdiction and the matter remanded to State court.

Appellate Information

• Decided 03/25/2004
• Published 03/25/2004

Judges

• Before:  McLAUGHLIN and KATZMANN, Circuit Judges, SCHEINDLIN, District Judge .

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• James S. Rizzo, Corporation Counsel, (Timothy A. Benedict, of counsel), for Plaintiff-Appellant City of Rome, Rome, New York., Henry W. Underhill, Jr. (Lani L. Williams, of counsel), for amici curiae The International Municipal Lawyers Association, The National League of Cities, The National Association of Telecommunications Officers and Advisors, The National Association of Counties, The United States Conference of Mayors, and The New YorkState Conference of Mayors, Washington, D.C.


• For Appellees:
  
• Andrew G. McBride, Wiley Rein & Fielding LLP (Helgi C. Walker and Eve Klindera Reed, of counsel), for Defendant-Appellee Verizon Communications Inc., Washington, D.C.