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NORTHWESTERN BELL TEL. v. STOFFERAHN

Nos. 16856, 16861.

461 N.W.2d 129 (1990)

NORTHWESTERN BELL TELEPHONE CO., INC., d/b/a US West Communications, Plaintiff and Appellee, v. Kenneth D. STOFFERAHN, Defendant and Appellant, and State of South Dakota and the Public Utilities Commission of the State of South Dakota, Intervenors.

Supreme Court of South Dakota.

Decided September 12, 1990.

Attorney(s) appearing for the Case

Thomas J. Welk and Michael S. McKnight of Boyce, Murphy, McDowell & Greenfield, and William P. Heaston, Omaha, Neb., for plaintiff and appellee.

C.E. Light of Light Law Office, Yankton, for defendant and appellant.

Diane Best, Asst. Atty. Gen., Pierre, for intervenors; Roger Tellinghuisen, Atty. Gen., on the brief.

TAPKEN, Circuit Judge.

Kenneth D. Stofferahn (Stofferahn) appeals from a circuit court declaratory judgment which prohibited Stofferahn from participating as a member of the Public Utilities Commission (PUC) in certain pending and future cases involving Northwestern Bell Telephone Co., Inc., d/b/a US West Communications (USWC). USWC has filed a notice of review challenging the trial court's refusal to grant a writ of mandamus requiring Stofferahn to disqualify himself...

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