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U.S. WEST, INC. v. TRISTANI

No. 98-2053.

182 F.3d 1202 (1999)

U.S. WEST, INC., a Delaware corporation; U.S. West Communications, Inc., a Colorado corporation; U.S. West Marketing Resources Group, Inc., a Colorado corporation, Plaintiffs-Appellants, v. Gloria TRISTANI, in her official capacity as Chairman of the New Mexico State Corporation Commission; Eric P. Serna, in his official capacity as Commissioner of the New Mexico State Corporation Commission; Jerome Block, in his official capacity as Commissioner of the New Mexico State Corporation Commission, Defendants-Appellees, AT & T Communications of the Mountain States, Inc., Intervenor, and MCI Telecommunications Corporation, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

July 8, 1999.

Attorney(s) appearing for the Case

Laurence H. Tribe, Cambridge, Massachusetts, (Jonathan S. Massey, Cambridge, Massachusetts; Victor R. Ortega and Bruce Herr of Montgomery & Andrews, P.A., Santa Fe, New Mexico; Robert L. Connelly, Jr., Raymond C. Fitzsimons, Norton Cutler, and Blair A. Rosenthal of U.S. West, Inc., Denver, Colorado, with him on the briefs), for the appellants.

James C. Martin, General Counsel, New Mexico Public Regulation Commission (Tom Udall, New Mexico Attorney General; David M. Kaufman, Assistant Attorney General; Deborah Dorman-Rodriguez, Special Assistant Attorney General; Michael Dickman, Special Assistant Attorney General, on the brief), Santa Fe, New Mexico, for the appellees.

Before ANDERSON, BARRETT, and HENRY Circuit Judges.

BARRETT, Senior Circuit Judge.

U S West, Inc., U S West Communications, Inc., and U S West Marketing Resources Group, Inc., now U S West Dex, Inc., (collectively "U S West"), appeal from the district court's Fed.R.Civ.P. 12(b)(1) dismissal of the case pursuant to the Johnson Act, 28 U.S.C. § 1342, in favor of Defendants Gloria Tristani, Eric P. Serna, and Jerome Block, in their official capacities as Commissioners of the New Mexico State Corporation Commission...

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