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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND * * * * * * * * * * * * *

QWEST COMMUNICATIONS CORPORATION, Plaintiff v. MARYLAND-NATIONAL CAPITAL PARK & PLANNING COMMISSION, Defendant

Case number: 07cv2199

MEMORANDUM OPINION On August 17, 2007, Plaintiff Qwest Communications Corporation ("Qwest") filed its original complaint against the Defendant, the Maryland-National Capital Park and Planning Commission ("Commission"). In that complaint, Qwest sought a declaration that a proposed license agreement demanded by the Commission for the use of a right-of-way in Little Falls Park, as well as the compensation proposed under that agreement, were preempted under the Federal Telecommunications Act, 47 U.S.C.

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