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CITY OF UNIVERSITY CITY v. AT & T WIRELESS

No. ED 96940.

371 S.W.3d 14 (2012)

CITY OF UNIVERSITY CITY, et al., Appellants, v. AT & T WIRELESS SERVICES, et al., Respondents,

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 24, 2012.

Application for Transfer Denied August 14, 2012.

Attorney(s) appearing for the Case

John F. Mulligan, Jr. , Clayton, MO, and James H. White , University City, MO, for Appellant.

Jason L. Ross , Kirsten M. Ahmad , Greensfelder, Hemker & Gale, P.C., St. Louis, MO, for Respondent.

KURT S. ODENWALD, Chief Judge.

Introduction

The City of Lebanon, Missouri ("City") appeals from the trial court's final order and judgment denying City's challenge to the rejection of its claim to be included in a settlement class by Defendant Alltel Communications, LLC ("Alltel"). City argues that the trial court erred in finding Section 26.8 of the Code of Laws of the City of Lebanon ("Section 26.8") imposes a right of way usage fee rather than...

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