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MCI TELECOMMUNICATIONS CORPORATION v. PUBLIC SERVICE COM'N

No. 99-4203.

216 F.3d 929 (2000)

MCI TELECOMMUNICATIONS CORPORATION, a Delaware corporation, Plaintiff-Appellee, US West Communications, Inc., a Colorado corporation, Plaintiff-Counter-Defendant-Appellee, v. PUBLIC SERVICE COMMISSION OF UTAH; Stephen F. Mecham; Constance B. White; Clark D. Jones, Commissioners of the Public Service Commission of Utah, Defendants-Appellants, and AT & T Communications of the Mountain States, Inc., a New York corporation, Defendant, United States of America, Defendant-Intervenor Appellee.

United States Court of Appeals, Tenth Circuit.

June 20, 2000.

Attorney(s) appearing for the Case

Sandy J. Mooy, Utah Public Service Commission (Annina Mitchell, Assistant Attorney General, with her on the briefs), Salt Lake City, Utah, appearing for Defendants-Appellants.

Mark B. Stern, Attorney (William B. Schultz, Acting Assistant Attorney General, David J. Schwendiman, United States Attorney, Susan L. Pacholski, Attorney, Christopher J. Wright, General Counsel, John E. Ingle, Deputy Associate General Counsel, and Susan L. Launer, Deputy Associate General Counsel, with him on the brief), Appellate Staff Civil Division, Department of Justice, Washington, DC, appearing for the Defendant-Intervenor-Appellee.

Paul M. Smith, Jenner & Block, Washington, DC (Thomas F. O'Neil, III and William Single, IV, MCI Worldcom, Inc., Washington, DC, J. Alex Ward, Jenner & Block, Washington, DC, counsel for MCI Telecommunications Corp. and MCImetro Access Transmission Services, Inc.; Phillip L. Douglass, U.S. West Law Department, Denver, Colorado, and Kara Sacilotto, Perkins, Coie LLP, Washington, DC, counsel for U.S. West Communications, Inc.; Daniel Waggoner, Davis, Wright, Tremaine, LLP, Seattle, Washington, Thomas Pelto and Rebecca DeCook, AT & T Communications, Denver, Colorado, counsel for AT & T Communications of the Mountain States, Inc., with him on the brief), appearing for Appellees.

Before TACHA, BALDOCK, and BRORBY, Circuit Judges.

TACHA, Circuit Judge.

Defendants-appellants the Utah Public Service Commission (UPSC) and the individual commissioners appeal the district court's denial of their motion to dismiss on Eleventh Amendment immunity grounds. Defendants also contest the district court's conclusion that it has jurisdiction to consider U.S. West's takings claim. We exercise jurisdiction over this interlocutory appeal pursuant to 28 U.S.C. § 1291 and the collateral order doctrine,

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