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INDIANA BELL TELEPHONE CO. v. SMITHVILLE TELEPHONE

No. IP 98-0593-C M/S.

31 F.Supp.2d 628 (1998)

INDIANA BELL TELEPHONE COMPANY INCORPORATED, d/b/a Ameritech Indiana, Plaintiff, v. SMITHVILLE TELEPHONE COMPANY, INC., et al., Defendants.

United States District Court, S.D. Indiana, Indianapolis Division.

December 29, 1998.

Attorney(s) appearing for the Case

A. David Stippler, Ameritech Indiana, Anne N. DePrez, Barnes & Thornburg, Indianapolis, IN, for Plaintiff.

Larry J. Wallace, Parr Richey Obremskey & Morton, William B. Powers, Boberschmidt & Powers, Indianapolis, IN, Stephen G. Kraskin, Kraskin Lesse & Cosson, Washington, DC, Beth H. Henkel, Deputy Attorney General, Office of the Attorney General, Indianapolis, IN, for Defendants.

ORDER

McKINNEY, District Judge.

This matter comes before the Court on motions filed by the defendants challenging the Court's subject matter jurisdiction over the claims raised in the plaintiff's case. On September 10, 1998, defendant Indiana Utility Regulatory Commission ("IURC" or "Commission"), and five commissioners of the IURC (collectively the "State Defendants"), filed their motion arguing alternatively that:

1. The IURC's decision...

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