ALLTEL TENNESSEE, INC. v. TENNESSEE PUBLIC SERVICE COM'N

No. 89-5832.

913 F.2d 305 (1990)

ALLTEL TENNESSEE, INC.; Crockett Telephone Company; Ooltewah-Collegedale Telephone Company; Peoples Telephone Company; West Tennessee Telephone Company, Plaintiffs-Appellants, v. TENNESSEE PUBLIC SERVICE COMMISSION; Keith Bissell, Chairman; Frank Cochran, Commissioner; Steve Hewlett, Commissioner, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided September 10, 1990.


Attorney(s) appearing for the Case

W.J. Michael Cody, Burch, Porter & Johnson, Memphis, Tenn., T.G. Pappas, Bass, Berry & Sims, Nashville, Tenn., Hermann Ivester (argued), Valerie F. Boyce, H. Edward Skinner, Ivester, Henry, Skinner & Camp, Little Rock, Ark., for plaintiffs-appellants.

Henry M. Walker (argued), Tennessee Public Service Com'n, Nashville, Tenn., for defendants-appellees.

Before MARTIN and BOGGS, Circuit Judges; and HACKETT, District Judge.


BOYCE F. MARTIN, Jr., Circuit Judge.

Five small Tennessee telephone companies appeal the dismissal of their complaint alleging that the Tennessee Public Service Commission violated an order of the Federal Communications Commission by the issuance of an order adopting a "residual methodology" as the basis for setting intrastate telephone rates. The district court dismissed the complaint on both jurisdictional and abstention...

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