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CITIZENS' UTILITY RATEPAYER BD. v. McKEE

Civil Action No. 96-2468-GTV.

946 F.Supp. 893 (1996)

CITIZENS' UTILITY RATEPAYER BOARD, Plaintiff, v. Timothy E. McKEE, Susan M. Seltsam, and John Wine, together as the Commissioners of the Kansas Corporation Commission and Individually, and John McNish, Martha Cooper, Defendants, and Southwestern Bell Telephone Company, Intervenor/Defendant.

United States District Court, D. Kansas.

November 13, 1996.

Attorney(s) appearing for the Case

Walker A. Hendrix, Allen B. Cantrell, Topeka, KS, for Citizens' Utility Ratepayer Board.

Eva Powers, Kansas Corporation Commission, Topeka, KS, David J. Heinemann, Kansas Corporation Commission, Legal Department, Topeka, KS, for Timothy E. McKee, Susan M. Seltsam, John Wine, John McNish, Martha Cooper.

Michael C. Cavell, William R. Drexel, Topeka, KS, Frank A. Caro, Jr., Douglas S. Laird, Polsinelli, White, Vardeman & Shalton, Kansas City, MO, for Southwestern Bell Telephone Company.

MEMORANDUM AND ORDER

VAN BEBBER, Chief Judge.

Plaintiff has brought this action seeking the court's order to permit plaintiff to intervene in arbitration proceedings that defendant Kansas Corporation Commission ("the Commission") has ordered. Plaintiff claims that it has a state law right under K.S.A. § 66-1223(b) to intervene in those proceedings. K.S.A. § 66-1223(b) authorizes plaintiff to "function as an official intervenor in cases filed...

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