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POWELL v. COLORADO PUBLIC UTILITIES COM'N

No. 97SA75.

956 P.2d 608 (1998)

Crosby L. POWELL, Crosby L. Powell & Associates, Michael Townes, Betty Lou Townes, Donzell Rosenberg, and all other inmates similarly situated in the Colorado Department of Corrections, Petitioners-Appellants, v. COLORADO PUBLIC UTILITIES COMMISSION; Robert J. Hix, Vincent Majkowski, R. Brent Alderfer, Commissioners Thereof; Colorado Inmates' Phone System; Colorado Department Of Corrections; And Sprint Communications Company, L.P., Respondents-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 18, 1998.

Attorney(s) appearing for the Case

E. Ronald Beeks, Evergreen, CO, for Petitioners-Appellants. Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Linda L. Siderius, Deputy Attorney General, Raymond L. Gifford, First Assistant Attorney General, Gregory Sopkin, Assistant Attorney General, Regulatory Law Section, Denver, CO, for Respondents-Appellees Colorado Public Utilities Commission, Robert J. Hix, Vincent Majkowski, and R. Brent Alderfer, Commissioners thereof

Gale A. Norton, Attorney General, Martha Phillips Allbright, Chief Deputy Attorney General, Richard A. Westfall, Solicitor General, Paul Farley, Deputy Attorney General, John August Lizza, First Assistant Attorney General, Diane Michaud, Assistant Attorney General, State Services Section, Denver, Colorado, for Respondents-Appellees Colorado Department of Corrections.

McGloin, Davenport, Severson and Snow, Professional Corporation, Michael M. McGloin, Denver, CO, for Respondents-Appellees Sprint Communications Company L.P.

Justice KOURLIS, delivered the Opinion of the Court.

Crosby Powell, Donzell Rosenberg, Michael Townes, Betty Lou Townes and other inmates in the Colorado Department of Corrections (collectively referred to as Powell) appeal from a judgment of the district court affirming orders of the Colorado Public Utilities Commission (PUC). This court has direct appellate jurisdiction under section 40-6-115(5), 11 C.R.S. (1997). Powell essentially argues that the inmate telephone...

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