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MidAMERICAN COMMUN. v. U.S. WEST COMMUNICATIONS

Civ. A. No. 93-B-2718.

857 F.Supp. 772 (1994)

MIDAMERICAN COMMUNICATIONS CORP., Plaintiff, v. U.S. WEST COMMUNICATIONS, INC., Defendant.

United States District Court, D. Colorado.

July 11, 1994.

Attorney(s) appearing for the Case

Richard S. Vermeire, Chesley K. Culp, III, Moye, Giles, O'Keefe, Vermeire & Gorrell, Denver, CO, Eric J. Branfman, Ky E. Kirby, Swidler & Berlin, Chrtd., Washington, DC, for plaintiff.

H. Perry Ryon, Robert McKenna, Denver, CO, for defendant.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

Plaintiff MidAmerican Communications Corporation (MidAmerican) moves pursuant to Fed.R.Civ.P. 12(b)(1) or, in the alternative, 12(b)(6) to dismiss with prejudice defendant US West Communication Inc.'s (US West) counterclaim. The parties have fully briefed and orally argued the issues. Jurisdiction is based upon 47 U.S.C. § 407.

I.

MidAmerican is an interstate interexchange carrier...

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