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TRI COUNTY TELEPHONE ASSOCIATION, INC. v. PSC

No. 94-268.

910 P.2d 1359 (1996)

TRI COUNTY TELEPHONE ASSOCIATION, INC., and U S West Communications, Inc., Appellants (Petitioners), v. The WYOMING PUBLIC SERVICE COMMISSION; Bill Tucker, John R. Smyth, and Stephen N. Ellenbecker, in their official capacities as Commissioners of the Wyoming Public Service Commission, Appellees (Respondents).

Supreme Court of Wyoming.

February 8, 1996.

Attorney(s) appearing for the Case

Bruce Asay, Cheyenne, for Appellant Tri County Telephone Ass'n, Inc.

Paul J. Hickey and Richard D. Bush of Hickey, Mackey, Evans, Walker & Stewart, Cheyenne, and Walter M. Kelly, II, U S West Law Department, Denver, Colorado, for Appellant U S West Communications, Inc.

Joseph B. Meyer, Attorney General; Michael L. Hubbard, Senior Assistant Attorney General; and Kristin Lee, Assistant Attorney General, Cheyenne, for Appellees.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.

TAYLOR, Justice.

Overzealous regulation by an administrative agency thwarted U S West Communications, Inc.'s attempt to sell certain telephone exchanges in Wyoming. The administrative agency set a cap on the sale price of certain telephone exchanges. In the absence of statutory authority, the administrative agency's order cannot stand.

We reverse and remand.

I. ISSUES

Appellant, U S West Communications, Inc. (U S West), states the issues...

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