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GTE SOUTH, INC. v. BREATHITT

Civil Action No. 97-7.

963 F.Supp. 610 (1997)

GTE SOUTH, INC., Plaintiff, v. Linda BREATHITT, Chairman; Edward Homes, Vice-Chairman; and B.J. Helton, Commissioner; All in their official capacities as Commissioners of the Public Service Commission of the Commonwealth of Kentucky, and MCI Telecommunications Corp. and MCIMETRO Access Transmission Services, Inc., Defendants.

United States District Court, E.D. Kentucky.

April 25, 1997.

Attorney(s) appearing for the Case

Bruce F. Clark, Stites & Harbison, Frankfort, KY, for plaintiff.

Deborah Tully Eversole, Wyatt, Tarrant & Combs, Louisville, KY, for Linda Breathitt, Chairman, in her official capacity as a Commissioner of the Public Service Commission of Kentucky, Edward J. Holmes, Vice-Chairman, in his official capacity as a Commissioner of the Public Service Commission of Kentucky, B.J. Helton, Commissioner, in his Official capacity as a Commissioner of the Public Service Commission of Kentucky.

C. Hatfield, Middleton & Reutlinger, Louisville, KY, Henry S. Alford, Greenebaum, Doll & McDonald, Louisville, KY, for MCI Telecommunications Corp., MCIMETRO Access Transmission Services, Inc.

ORDER

HOOD, District Judge.

This matter is before the Court on the motion of the defendants Linda Breathitt, Edward Homes, and B.J. Helton (collectively referred to as the Commission) to dismiss and the motion of the defendant MCI Telecommunications (MCI) to dismiss. [Record Nos. 7, 8]. In addition, the plaintiff GTE South, Inc. (GTE) has filed a motion for oral argument. [Record No. 12]. Finding that oral argument would not assist the Court in ruling...

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