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SOUTHWESTERN BELL TELEPHONE v. MISSOURI PUBLIC SERVICE

Nos. 99-3833, 99-3908.

236 F.3d 922 (2001)

SOUTHWESTERN BELL TELEPHONE COMPANY, Appellant, v. MISSOURI PUBLIC SERVICE COMMISSION; Sheila A. Lumpe; M. Dianne Drainer, Vice-Chair; Harold Crumpton, Commissioner; Robert Schemenauer, Commissioner; Connie Murray, Commissioner, all the above parties in their official capacities as commissioners of the Missouri Public Service Commission; AT & T Communications of the Southwest, Inc., Appellees. Southwestern Bell Telephone Company, Appellant, v. Missouri Public Service Commission; Sheila A. Lumpe; M. Dianne Drainer, Vice-Chair; Harold Crumpton, Commissioner; Connie Murray, Commissioner, all the above parties in their official capacities as commissioners of the Missouri Public Service Commission; AT & T Communications of the Southwest, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 8, 2001.

Attorney(s) appearing for the Case

Michael K. Kellogg, argued, Washington, DC (Sean A. Lev, Samuel L. Feder, Paul G. Lane, Leo J. Bub, Diana J. Harter, Anthony K. Conroy, Kirk J. Goza, Michael D. Moeller, on the brief), for Appellant.

Daniel Meron, argued, Washington, DC (Michael D. Warden, David L. Lawson, Mark Witcher, Paul S. DeFord, Alok Ahuja, Patrick L. Kenney, on the brief), for Appellee AT & T.

Marc Poston, argued, Jefferson City, MO, (William K. Haas, Nathan Williams, David VanDyke, on the brief), for Appellee Missouri Public Service Commission.

Before RICHARD S. ARNOLD and BOWMAN, Circuit Judges, and MAGNUSON, District Judge.

BOWMAN, Circuit Judge.

Southwestern Bell Telephone Co. (SWBT) appeals from the order of the District Court affirming in part and remanding in part orders of the Missouri Public Service Commission (PSC). In light of recent developments in the law, we remand to the District Court with instructions.

I.

This case arises under the Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 56 (codified in scattered sections of 47 U.S.C.),

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