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U S WEST COMMUN., INC. v. MFS INTELENET, INC.

No. CIV. 97-857-JE.

35 F.Supp.2d 1221 (1998)

U S WEST COMMUNICATIONS, INC. Plaintiff, v. MFS INTELENET, INC., and Roger Hamilton, Chairman, Ron Eachus, Commissioner, and Joan H. Smith, Commissioner, in their official capacities as Commissioners of the Oregon Public Utility Commission; and Oregon Public Utility Commission, Defendants.

United States District Court, D. Oregon.

January 30, 1998.

Attorney(s) appearing for the Case

Lawrence H. Reichman, Chin See Ming, Perkins Coie, Portland, OR, Sherilyn C. Peterson, Kirstin S. Dodge, Perkins Coie, Bellevue, WA, Norton Cutler, Denver, Co, for U S West Communications, Inc.

Alexia Morrison, Morton J. Posner, Swidler & Berlin, Washington, D.C., Sara Siegler Miller, Portland, for Defendant MFS Intelenet, Inc.

W. Benny Won, Timothy M. Wood, Dept. of Justice General Counsel, Salem, OR, Joseph T. McNaught, Hardy Myers, Assist, Atty. General, Dept. of Justice, Salem, OR, for Roger Hamilton, Ron Eachus, Joan H. Smith, Oregon Public Com'n.

Herbert C. Sundby, Kristine Olson, U.S. Attorney's Office, Portland, OR, Theodore C. Hirt, U.S. Dept. of Justice Civil Div., Washington, DC, Jonathan T. Foot, U.S. Dept. of Justice, Civil Div., Fed. Programs Branch, Washington, DC, for U.S.A., Federal Communications Com'n, intervenor.

OPINION AND ORDER

JELDERKS, United State Magistrate Judge.

Plaintiff U S West Communications, Inc. (U.S. WEST) brings this action against defendants MFS Intelenet, Inc. (MFS), the Oregon Public Utility Commission (PUC), and PUC Commissioners Roger Hamilton, Ron Eachus, and Joan Smith (the Commissioners). The Commission defendants move to dismiss based upon lack of subject matter jurisdiction, and MFS moves to dismiss for failure to state claims upon which...

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