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UNION TELEPHONE COMPANY, INC. v. PUBLIC SERVICE COM'N

No. 90-189.

821 P.2d 550 (1991)

UNION TELEPHONE COMPANY, INC., Petitioner, v. The WYOMING PUBLIC SERVICE COMMISSION; John R. Smyth, Bil Tucker, and Nels J. Smith, in their official capacities as Commissioners of the Wyoming Public Service Commission; and AT & T Communications of the Mountain States, Inc., Respondents.

Supreme Court of Wyoming.

November 21, 1991.

Attorney(s) appearing for the Case

Bruce S. Asay, Cheyenne, V. Anthony Vehar, Vehar, Beppler, Lavery, Rose & Boal, P.C., Evanston, and James J. Cassity and Merrill F. Nelson, Kirton, McConkie & Poelman, Salt Lake City, Utah, for petitioner.

Joseph B. Meyer, Atty. Gen., Michael L. Hubbard, Sr. Asst. Atty. Gen., Milo Vukelich, Asst. Atty. Gen., for respondent Wyoming Public Service Com'n.

Thomas A. Nicholas, III, Hirst & Applegate, P.C., Cheyenne, and William P. Eigles, Denver, Colo., for respondent AT & T Communications of the Mountain States, Inc.

Before URBIGKIT, C.J., and THOMAS, CARDINE, MACY and GOLDEN, JJ.

THOMAS, Justice.

The issue that the court must address in this case is the lawfulness of an adjudicated decision by the Public Service Commission (PSC) assigning the authority to provide long distance telephone service for intrastate interLATA (Local Access and Transport Area) calls. The decision of the PSC is challenged under the requirement that, in order to be lawful, its decision must not be arbitrary, capricious, or...

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