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MATTER OF WHITEHEAD

No. C0-86-1274.

399 N.W.2d 226 (1987)

In the Matter of the Request of Gary WHITEHEAD for Telephone Service from Northwestern Bell Telephone Company. SHERBURNE COUNTY RURAL TELEPHONE COMPANY, Relator, v. Gary WHITEHEAD, Respondent, Northwestern Bell Telephone Company, Respondent, Minnesota Public Utilities Commission, Respondent.

Court of Appeals of Minnesota.

January 20, 1987.

Attorney(s) appearing for the Case

W.R. Glaeser, Waconia, for Sherburne County Rural Telephone Co.

Gary Whitehead, pro se.

Stephen T. Refsell, Phil Ringgenberg, Minneapolis, for Northwestern Bell Telephone Co.

Hubert H. Humphrey, III, Atty. Gen., Stephen P. Kilgriff, Deputy Atty. Gen., St. Paul, for Minnesota Public Utilities Com'n.

Scott J. Koch, St. Paul, for amicus curiae Minnesota Telephone Ass'n.

Considered and decided by FORSBERG, P.J., and SEDGWICK and HUSPENI, JJ., with oral argument waived.

OPINION

HUSPENI, Judge.

This is an appeal from an order of the Minnesota Public Utilities Commission directing Northwestern Bell Telephone Company to provide telephone service to Gary Whitehead. Relator Sherburne County Rural Telephone Company argues that the order is in excess of statutory authority and is unlawful. We reverse.

FACTS

Before purchasing land in Elk River, Minnesota, Gary Whitehead contacted Northwestern Bell Telephone Company...

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