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CONSUMER COUNSEL v. MOUNTAIN STATES TEL.

No. 89SA400.

816 P.2d 278 (1991)

COLORADO OFFICE OF CONSUMER COUNSEL and the Colorado Municipal League, Intervenors-Appellants, v. The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, Petitioner-Appellee, and The Public Utilities Commission of the State of Colorado and Arnold H. Cook, Ronald L. Lehr, and Andra Schmidt, the individual Commissioners thereof, Respondents-Appellees, and AT & T Communications of the Mountain States, Inc.; MCI Telecommunications Corporation; the Colorado Association of Radio Common Carriers; Competitive Telecommunications; Association of Colorado and Wyoming; Eagle Telecommunications, Inc.; US Sprint Communications Company; and Universal Telephone Company of Colorado, Intervenors and Co-Respondents-Appellees.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing September 16, 1991.

Attorney(s) appearing for the Case

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Neil L. Tillquist, First Asst. Atty. Gen., Deborah S. Waldbaum, Asst. Atty. Gen., Denver, for intervenor-appellant Colorado Office of Consumer Counsel.

Gorsuch, Kirgis, Campbell, Walker and Grover, Dudley P. Spiller, Jr., Joseph B. Wilson, Denver, for intervenor-appellant Colorado Mun. League.

Eiberger, Stacy, Smith & Martin, Raymond W. Martin, Roy A. Adkins, Laurie Bennett, and Russell P. Rowe, Robert L. Connelly, Denver, for petitioner-appellee.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Mana L. Jennings, Asst. Atty. Gen., Denver, for respondents-appellees.

No appearance by intervenors and co-respondents-appellees.

Justice KIRSHBAUM delivered the Opinion of the Court.

Appellant, the Colorado Office of Consumer Counsel (the Office), seeks review of a judgment of the District Court in and for the City and County of Denver setting aside a decision of the Public Utilities Commission (the Commission) applying provisions of the Intrastate Telecommunications Services Act, sections 40-15-101 to -404, 17 C.R.S. (1984 & 1990 Supp.) (the Act), to services provided by appellee The Mountain...

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