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TAYLOR COMMUNICATIONS GROUP v. SOUTHWESTERN BELL TELEPHONE CO.

No. 98-50528.

172 F.3d 385 (1999)

TAYLOR COMMUNICATIONS GROUP, INC., Appellant, v. SOUTHWESTERN BELL TELEPHONE COMPANY, Plaintiff-Appellee, v. Public Utility Commission of Texas; Pat Wood, III; Judy Walsh; Patricia Curran; Time Warner Communications of Austin, L.P.; Time Warner Communications of Houston, L.P.; and Fibrcom, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 14, 1999.

Attorney(s) appearing for the Case

Randall Alan Pulman, Stumpf, Falgout, Craddock & Massey, San Antonio, TX, Henry James Fasthoff, Stumpf, Falgout, Craddock & Massey, Houston, TX, for Appellant.

Robert J. Hearon, Jr., Michael Lee Diehl, Graves, Dougherty, Hearon & Moody, Austin, TX, for Plaintiff-Appellee.

Mary A. Keeney, Amanda Atkinson Cagle, Natural Resources Division, Austin, TX, for Public Utility Commission of Texas, Pat Wood, III, Judy Walsh and Patricia Curran.

Diane M. Barlow, Valerie Patriarca Kirk, Casey, Gentz & Sifuentes, Austin, TX, for Time Warner Communications of Austin, L.P., Time Warner Communications of Houston, L.P. and Fibrcom, Inc.

Before WISDOM, STEWART and DENNIS, Circuit Judges.

WISDOM, Circuit Judge:

Introduction

Appellant Taylor Communications Group, Inc. (Taylor) sought to intervene in litigation involving Southwestern Bell Telephone Co. (Southwestern Bell) as plaintiff, and Time Warner Communications, Inc. (Time Warner) and the Texas Public Utilities Commission (TPUC) as defendants. The district court denied Taylor's motion to intervene as of right, or, in the alternative, for permissive intervention. Taylor now appeals. All...

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