U S WEST COMMUNICATIONS, INC. v. TCG OREGON

Civil No. 97-858-JE.

35 F.Supp.2d 1237 (1998)

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

United States District Court, D. Oregon.

January 30, 1998.


Attorney(s) appearing for the Case

Lawrence H. Reichman, Perkins Coie, Portland, OR, for Plaintiff.

Keith L. Kutler, Davis Wright Tremaine, Portland, Paul M. Gordon, Wendell H. Goddard, Gordon & Goddard, Oakland, CA, for Defendant TCG Oregon.

W. Benny Won, Timothy M. Wood, Hardy Myers, Assistant Attorneys General, Department of Justice, Salem, OR, for Defendants Oregon Public Utility Commission and Commissioners Hamilton, Eachus & Smith.


OPINION AND ORDER

JELDERKS, United States Magistrate Judge.

Plaintiff U S West Communications, Inc. (U.S. WEST) brings this action against defendants TCG Oregon (TCG), 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 TCG moves to dismiss for lack of jurisdiction and failure to state...

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