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HAWAIIAN TELEPHONE v. P.U.C. OF STATE OF HAWAII

Nos. 85-1907, 85-1908.

827 F.2d 1264 (1987)

HAWAIIAN TELEPHONE COMPANY, a Hawaii Corporation, Plaintiff-Appellee, v. PUBLIC UTILITIES COMMISSION OF STATE OF HAWAII; Albert Tom, Chairman; Sunai Kido, Commissioner; and Clyde S. Dupont, Commissioner, Defendants, Consumer Advocate, the Director of the Department of Commerce and Consumer Affairs, State of Hawaii, Intervenor-Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Deferred April 29, 1986.

Resubmitted October 28, 1986.

Decided September 11, 1987.

Attorney(s) appearing for the Case

L. Russell Mitten, II, Honolulu, Hawaii, William R. Malone, Washington, D.C., and Thomas W. Williams, Jr., Honolulu, Hawaii, for plaintiff-appellee.

Ronald Shigekane, Honolulu, Hawaii, for the Consumer Advocate appellant.

Harry S.Y. Kim, Honolulu, Hawaii, for appellants.

Before FERGUSON, CANBY and CYNTHIA HOLCOMB HALL, Circuit Judges.

CANBY, Circuit Judge:

The ultimate issue in this case is whether the Hawaii Public Utilities Commission (PUC) violated an order of the Federal Communications Commission mandating use of a particular set of "separations" procedures for allocating the respective costs and investments between interstate and intrastate telephone operations. A threshold question is whether the district court had jurisdiction under § 401(b) of the Communications Act to enforce the...

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