MCI TELECOMMUNICATIONS v. HEITKAMP

Civ. No. 940100.

523 N.W.2d 548 (1994)

MCI TELECOMMUNICATIONS CORPORATION and MidAmerican Communications, d/b/a LDDS Communications, Plaintiffs and Appellants, v. M.K. HEITKAMP, North Dakota Attorney General, Defendant and Appellee, and US WEST Communications, Inc., and BEK Communications Cooperative, Consolidated Telephone Cooperative, Dakota Central Telecommunications Cooperative, Dickey Rural Telephone Cooperative, Inter-Community Telephone Company, Midstate Telephone Company, Northwest Communications Cooperative, Polar Communications Mutual Aid Corp., Red River Rural Telephone Association, Reservation Telephone Cooperative, Souris River Telecommunications Cooperative, United Telephone Mutual Aid Corporation, and West River Telecommunications Cooperative, Intervenors and Appellees.

Supreme Court of North Dakota.

November 2, 1994.


Attorney(s) appearing for the Case

John W. Morrison (argued), of Fleck, Mather & Strutz, Bismarck, for plaintiffs and appellants.

Douglas Alan Bahr (argued), Asst. Atty. Gen., Atty. General's Office, Bismarck, for defendant and appellee.

Daniel S. Kuntz (argued), of Zuger Kirmis & Smith, Bismarck, for intervenor and appellee US WEST Communications, Inc.

Jan M. Sebby (argued), of Pringle & Herigstad, P.C., Minot, for intervenors and appellees Independent Telephone Companies.


NEUMANN, Justice.

MCI Telecommunications Corporation [MCI] and Mid American Communications, d/b/a LDDS Communications [LDDS], appealed a district court judgment dismissing their action against M.K. Heidi Heitkamp, North Dakota Attorney General [Attorney General], for a declaratory judgment that Senate Bill 2385, passed by the 1993 Legislature, violates the North Dakota Constitution. The challenged statute declares that...

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