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US WEST, INC. v. U.S.

No. C93-1523R.

855 F.Supp. 1184 (1994)

US WEST, INC.; US West Communications, Inc.; US West Multimedia Communications, Inc.; Washington Independent Telephone Association; and Pacific Telecom, Inc., Plaintiffs, v. UNITED STATES of America; Federal Communications Commission; and Janet Reno, in her official capacity as Attorney General of the United States of America, Defendants.

United States District Court, W.D. Washington, at Seattle.

June 15, 1994.

Attorney(s) appearing for the Case

David J. Burman, Perkins Coie, Peter D. Byrnes, Byrnes & Keller, Seattle, WA, Louis R. Cohen, Steven M. Dunne, Ken Ferree, Wilmer, Cutler & Pickering, Washington, DC, for US West, plaintiff.

Robert Maxwell Taylor, U.S. Attorney's Office, Seattle, WA, Theodore Hirt, U.S. Dept. of Justice, Tax Div., Washington, DC, John R. Tyler, U.S. Dept. of Justice, Civil Div., Washington, DC, for defendants.

Keith Allen Kemper, Ellis, Li & McKinstry, Seattle, WA, Michael W. McConnell, H. Thomas Byron, III, Mayer, Brown & Platt, Washington, DC, for amicus, Telephone Association.

Richard A. Finnigan, Vandeberg, Johnson & Gandara, Tacoma, WA, for Washington Independent Telephone Ass'n, intervenor-plaintiff.

Deborah Johnson Harwood, Vancouver, WA, for Pacific Telecom, Inc., intervenor-plaintiff.

ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

ROTHSTEIN, Chief Judge.

THIS MATTER comes before the court on cross-motions for summary judgment. Having considered the documents filed in support and in opposition, and having heard argument from counsel, the court finds and rules as follows:

I. BACKGROUND

A. The Parties

Plaintiff US WEST, Inc. ("US WEST"), a Colorado corporation...

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