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VERIZON WIRELESS (VAW) LLC v. SAHR

No. CIV 04-3014.

457 F.Supp.2d 940 (2006)

VERIZON WIRELESS (VAW) LLC, Commnet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., and Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, Plaintiffs, v. Bob SAHR, Gary Hanson and Dustin Johnson, in their official capacities as the Commissioners of the South Dakota Public Utilities Commission, Defendants, SOUTH DAKOTA TELECOMMUNICATIONS ASS'N and Venture Communications Cooperative, Interveners.

United States District Court, D. South Dakota, Central Division.

October 13, 2006.

Attorney(s) appearing for the Case

Craig A. Pfeifle, Gene N. Lebrun, Lynn, Jackson, Shultz & Lebrun, PC, Rapid City, SD, David C. McDonald, Philip R. Schenkenberg, Briggs & Morgan, P.A., Minneapolis, MN, for Plaintiffs.

Rolayne L. Ailts Wiest, Public Utilities Commission, Pierre, SD, for Defendants.

Darla Pollman Rogers, Margo D. Northrup, Riter, Rogers, Wattier & Brown, LLP, Pierre, SD, for Intervenors.

OPINION AND ORDER ON PLAITIFFS' MOTION FOR SUMARY JUDGMENT

KORNMANN, District Judge.

INTRODUCTION

[¶ 1] Plaintiffs have filed a motion (Doc. 51) for summary judgment, contending certain provisions of the South Dakota Codified Laws are preempted by federal law. During the 2004 legislative session, the South Dakota Legislature enacted several new provisions, which impose certain requirements on telecommunications carriers and tie those requirements...

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