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

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 99-11397 _____________________ AT&T COMMUNICATIONS OF THE SOUTHWEST, INC.; ET AL., Plaintiffs, AT&T COMMUNICATIONS OF THE SOUTHWEST, INC.; TAYLOR COMMUNICATIONS, INC., Plaintiffs-Appellees, versus CITY OF DALLAS, TEXAS, Defendant, SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant. ________________________________ CAPROCK COMMUNICATIONS CORP.; GOLDEN HARBOR OF TEXAS, INC.; WESTEL, INC., Plaintiffs-Appellees, versus CITY OF DALLAS, TEXAS, Defendant, SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant. __________________________________ SPRINT COMMUNICATIONS COMPANY, LP, Plaintiff-Appellee, versus CITY OF DALLAS, TEXAS, Defendant, SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant. _________________________________________________________________ Appeals from the United States District Court for the Northern District of Texas _________________________________________________________________ April 17, 2001 ON PETITION FOR REHEARING (Opinion April 17, 2001, 5th Cir. 2001, _____F.3d_____) Before HILL,* JOLLY, and BENAVIDES, Circuit Judges. E. GRADY JOLLY, Circuit Judge: The petition for rehearing filed by Sprint Communications Company is DENIED. On March 26, 2001, Teligent, Inc. submitted a letter requesting a correction in the language of the March 15, 2001 opinion in this case. Treating the letter as a petition for rehearing, the petition is granted as follows: Footnote ** will be added after the first sentence of the first paragraph. This footnote will read as follows: * Circuit Judge of the Eighth Circuit, sitting by designation. Southwestern Bell filed a motion to dismiss its appeal against Teligent, Inc. (“Teligent”), which this court granted on March 30, 2000. Thus, the judgment in favor of Teligent is not affected by this appeal. In all other respects, the opinion remains unchanged, and all other relief is DENIED.