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US WEST, INC. v. NELSON

No. 97-35551.

146 F.3d 718 (1998)

US WEST, INC., a Delaware Corporation; US West Communications Group, Inc., a Colorado Corporation; and US West Dex, Inc., a Colorado Corporation, Plaintiffs/Appellants, v. Sharon L. NELSON, in her official capacity as chairman of the Washington Utilities and Transportation Commission; Richard Hemstad, in his official capacity as commissioner of the Washington Utilities and Transportation Commission; and William R. Gillis, in his official capacity as commissioner of the Washington Utilities and Transportation Commission, Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 16, 1998.

Attorney(s) appearing for the Case

David J. Burman, Perkins Coie, Seattle, WA, for plaintiffs/appellants.

Sally G. Johnston, Assistant Attorney General, Olympia, WA, for defendants/appellees.

Before: LAY, Senior Circuit Judge, and PREGERSON and GRABER, Circuit Judges.

PREGERSON, Circuit Judge:

FACTUAL AND PROCEDURAL BACKGROUND

In 1982, the mammoth telecommunications corporation known as American Telephone and Telegraph Company was splintered in an antitrust consent decree. See United States v. American Tel. and Tel. Co., 552 F.Supp. 131 (D.D.C.1982), aff'd mem., 460 U.S. 1001, 103 S.Ct. 1240, 75 L.Ed.2d 472 (1983). Appellant US West, Inc. was one of several Regional...

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