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US WEST v. PUBLIC SERVICE COM'N OF UTAH

No. 2:97 CV 558.

75 F.Supp.2d 1284 (1999)

U S WEST COMMUNICATIONS, INC., a Colorado corporation, Plaintiff, v. PUBLIC SERVICE COMMISSION OF UTAH; Stephen F. Mecham, Constance B. White, Clark D. Jones, Commissioners of the Public Service Commission of Utah; and Western Wireless Corporation, a Washington corporation, Defendants.

United States District Court, D. Utah, Central Division.

November 23, 1999.

Attorney(s) appearing for the Case

David J. Jordan, Gregory B. Monson, Stoel Rives LLP, Salt Lake City, for U S West Communications, Inc., a Colorado corporation, plaintiffs.

Sandy J. Mooy, Public Service Commission, Michael L. Ginsberg, Utah Attorney General's Office, Salt Lake City, UT, for Stephen F. Mecham, Constance White, Clark Jones, Public Service Commission UT, Defendants.

Alan L Sullivan, Mr., Bradley R. Cahoon, Snell & Wilmer LLP, Salt Lake City, Joseph A. Boyle, Kelley Drye & Warren, Parsippany, NJ, Douglas P. Lobel, Charles M. Oliver, Kelley Drye & Warren, Washington, DC, for Western Wireless.

ORDER

KIMBALL, District Judge.

Before the Court are the cross motions for summary judgment of Plaintiff U.S. West Communications, Inc. ("US West") and Defendant Western Wireless Corporation ("Western").

BACKGROUND

On February 8, 1996, Congress passed the Telecommunications Act of 1996 (the "Act") to promote competition and reduce regulation in the local telephone market. As part of the Act...

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