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CASEY v. PUBLIC SERVICE COM'N OF W.VA.

No. 22483.

457 S.E.2d 543 (1995)

193 W.Va. 606

James CASEY and Brenda Hightower, Plaintiffs Below, Appellants, v. PUBLIC SERVICE COMMISSION OF WEST VIRGINIA; GTE South, Inc.; and AT & T Communications of West Virginia, a Corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided April 14, 1995.

Attorney(s) appearing for the Case

Jeffrey W. Molenda, Appalachian Research and Defense Fund, Inc., Fayetteville, for appellants.

Steven Hamula, Charleston, for appellee, Public Service Com'n.

Mark A. Keffer, Oakton, VA, for appellee, AT & T Communications of W. Va.

Kimberly Caswell, GTE Telephone Services, Tampa, FL, for appellee, GTE South, Inc.

Terry D. Blackwood, Deputy Consumer Advocate, Charleston, for Consumer Advocate Division of the Public Service Com'n of W. Va. amicus curiae.

Joan Wise, Office of the General Counsel, American Ass'n of Retired Persons, Washington, DC, for American Ass'n of Retired Persons, Community Action for Fair Utility Practice (Chicago, IL), Appalachian Peoples' Action Coalition (Athens, OH), Diane Asmus (Hillsboro, OR), Community Educ. and Protection Ass'n (Philadelphia, PA) and Vermont Low-Income Advocacy Council (Montpelier, VT) amicus curiae.

McHUGH, Justice:

The appellants, James Casey and Brenda Hightower, appeal the March 18, 1994 order of the Public Service Commission of West Virginia (hereinafter "the PSC"), which held that the PSC did not have jurisdiction to decide a billing dispute involving interstate telephone calls. The appellees are the Public Service Commission and AT & T Communications of West Virginia. For reasons set forth below, we affirm the order of the PSC.

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