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CRSTTA v. PUC OF SOUTH DAKOTA

Nos. 20062, 20464.

595 N.W.2d 604 (1999)

1999 SD 60

CHEYENNE RIVER SIOUX TRIBE TELEPHONE AUTHORITY and US West Communications, Inc., Appellants, v. PUBLIC UTILITIES COMMISSION OF SOUTH DAKOTA, Appellee, and Corson County Commission, and McIntosh City Council, Intervenors, and Doug Scott, Intervenor and Appellee.

Supreme Court of South Dakota.

Decided May 19, 1999.

Attorney(s) appearing for the Case

Thomas J. Welk and Tamara A. Wilka of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, South Dakota, Attorneys for appellant US WEST.

Rochelle Ducheneaux, Gettysburg, South Dakota and Scott B. McElroy and Alice E. Walker of Greene, Meyer & McElroy, Boulder, Colorado, Attorneys for appellant Cheyenne River Sioux Tribe Telephone Authority.

Mark Barnett, Attorney General, Lawrence E. Long, Chief Deputy Attorney General, Pierre, South Dakota, Camron D. Hoseck, Special Assistant Attorney General, Public Utilities Commission, Pierre, South Dakota, Attorneys for appellee Public Utilities Commission of South Dakota.

Steven Aberle, Timber Lake, South Dakota, Attorney for appellee Doug Scott.

MILLER, Chief Justice.

[¶ 1.] The Public Utilities Commission (PUC) denied the proposed sale of three telephone exchanges from US WEST to the Cheyenne River Sioux Tribe Telephone Authority (CRSTTA). The circuit court affirmed PUC's decision. We likewise affirm.

FACTS

[¶ 2.] The Cheyenne River Sioux Tribe is a federally recognized Indian Tribe. CRSTTA, a wholly owned subsidiary of the Tribe, has provided phone service, among other things...

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