City of Tucson v. U.S. West Communications, Inc., a Colorado Corporation, Now Known as Qwest Corporation v. Martha Chase, Ex Rel State of Arizona, County Attorney for Santa Cruz County County of Santa Cruz, Plaintiffs-Intervenors-Appellees

284 F.3d 1128 CITY OF TUCSON, Plaintiff-Appellee, v. U.S. WEST COMMUNICATIONS, INC., a Colorado Corporation, now known as Qwest Corporation, Defendant-Appellant, v. Martha Chase, ex rel State of Arizona, County Attorney for Santa Cruz County; County of Santa Cruz, Plaintiffs-Intervenors-Appellees. No. 00-16416. United States Court of Appeals, Ninth Circuit. Argued and Submitted January 14, 2002. Filed March 26, 2002. COPYRIGHT MATERIAL OMITTED Paul J. Mooney, (Argued and Briefed), Phoenix, AZ, for the defendant-appellant. William Malone, (Argued and Briefed), Washington, DC, for the plaintiff-appellee. Ronald M. Lehman, (Argued), Tucson, AZ, for the plaintiffs-intervenors-appellees. Appeal from the United States District Court for the District of Arizona, Frank R. Zapata, District Judge, Presiding. Before: NOONAN, TROTT, Circuit Judges, and EZRA, 1 District Judge. OPINION TROTT, Circuit Judge. OVERVIEW 1 U.S. West Communications, Inc., now Qwest Corporation ("Qwest"), appeals the district court's Burford abstention order remanding this quo warranto/declaratory judgment action to state court. In response, the City of Tucson ("Tucson") challenges our jurisdiction to hear Qwest's…