U S WEST COMMUNICATIONS, INC. v. TCG OREGON

Civil No. 97-858-JE.

31 F.Supp.2d 828 (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 Commission; and Oregon Public Utility Commission, Defendants.

United States District Court, D. Oregon.

December 10, 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, U.S. West Communications, Inc., Denver, CO, for plaintiff U.S. West Communications.

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

Michael T. Weirich, W. Benny Won, Assistant Attorneys General, Department of Justice, Salem, OR, for defendants Oregon Public Utility Commission and Commissioners Hamilton, Eachus & Smith.

Philip D. Barz, Emily M. Sweeney, Theodore C. Hirt, Leslie V. Batchelor, U.S. Department of Justice, Civil Division, Washington, DC, Herbert C. Sundby, U.S. Attorneys Office, Portland, OR, for amicus curiae Federal Communications Commission.


OPINION AND ORDER

JELDERKS, United States Magistrate Judge.

Plaintiff U S West Communications, Inc. ("US West") brings this action against defendants TCG Oregon ("TCG"),1 the Oregon Public Utility Commission ("PUC"), and PUC Commissioners Roger Hamilton, Ron Eachus, and Joan Smith ("the Commissioners"). The Federal Communications Commission ("FCC") has participated in this proceeding as amicus curiae.

The dispute...

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