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CONSUMER ADVOCATE DIVISION, DEPARTMENT OF JUSTICE v. AT & T COMMUNICATIONS OF THE MIDWEST, INC.

No. 87-116.

423 N.W.2d 552 (1988)

CONSUMER ADVOCATE DIVISION, DEPARTMENT OF JUSTICE, Petitioner-Appellee, v. UTILITIES BOARD, UTILITIES DIVISION, DEPARTMENT OF COMMERCE, Respondent-Appellee, v. AT & T COMMUNICATIONS OF THE MIDWEST, INC., Intervenor-Appellant.

Court of Appeals of Iowa.

March 9, 1988.

Attorney(s) appearing for the Case

Mark McCormick of Belin, Harris, Helmick, Tesdell, Lamson & McCormick, Des Moines, and Mark Belmont and W. Richard Morris of Omaha, Neb., for intervenor-appellant.

David R. Conn, Des Moines, for petitioner-appellee.

Susan Allender, Gen. Counsel, and Dean F. Stoner, Asst. Gen. Counsel, Des Moines, for respondent-appellee.

Heard by OXBERGER, C.J., and DONIELSON and SACKETT, JJ.

OXBERGER, Chief Judge.

This is an interlocutory appeal brought by the intervenor, AT & T Communications of the Midwest, Inc. (AT & T), challenging a district court order dismissing AT & T's cross-claim on jurisdictional grounds. AT & T asserts a district court has jurisdiction to review an intervenor's cross-claim for affirmative relief even though a petition for judicial review was not filed within thirty days of the agency decision. We reverse and...

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