SPRINT SPECTRUM, L.P., et al., Plaintiffs-Appellants,
Kansas City SMSA Limited Partnership, et al., Plaintiffs-Intervenors-Appellants,
Mountain Solutions, Inc., Plaintiff,
v.
STATE CORPORATION COMMISSION OF THE STATE OF KANSAS, et al., Defendants-Appellees,
Southwestern Bell Telephone Company, et al., Defendants-Intervenors-Appellees.
State of Texas, Amicus Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
June 23, 1998.
June 23, 1998.
Attorney(s) appearing for the Case
Mark P. Johnson of Sonnenschein, Nath & Rosenthal, Kansas City, MO (Jan P. Helder, Jr., Tamara Seyler-James, David S. Ladwig, Lisa C. Creighton, and Amy E. Bauman of Sonnenschein, Nath & Rosenthal, Kansas City, MO; Marc E. Elkins and Lisa J. Hansen of Morrison & Hecker, L.L.P., Kansas City, MO; and Joseph R. Colantuono of Wehrman & Colantuono, Overland Park, KS, with him on the brief) for Plaintiffs-Appellants and Plaintiffs-Intervenors-Appellants.
Eva Powers, Assistant General Counsel (Glenda Cafer, General Counsel, Stephen H. Kukta, Assistant General Counsel, with her on the brief) State Corporation Commission of the State of Kansas, Topeka, KS for Defendants-Appellees.
Michael D. Moeller of Shook, Hardy & Bacon, L.L.P., Kansas City, MO (Michael C. Cavell of Southwestern Bell Telephone Company, Topeka, KS; Mark E. Caplinger of James M. Caplinger, Chartered, Topeka, KS, with him on the brief) for Defendants-Intervenors-Appellees.
Dan Morales, Attorney General, Jorge Vega, First Assistant Attorney General, David A. Talbot, Jr., Special Assistant Attorney General, Karen W. Kornell, Assistant Attorney General, and Andrew S. Miller, Assistant Attorney General, State of Texas, Austin, TX, filed an amicus curiae brief for the State of Texas.
Before BRORBY, McWILLIAMS, and HENRY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
HENRY, Circuit Judge.
The plaintiffs, wireless phone service providers ("wireless providers"), appeal the district court's denial of their request for a preliminary injunction. They sought to enjoin the Kansas Corporation Commission ("Commission") from requiring them to contribute to Kansas's Universal Service Fund ("KUSF") and from fining them if they do not contribute. The district court denied the injunction, finding, first, that the wireless providers will not...
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