AT & T COMMUNICATIONS OF THE SOUTHWEST, INC. v. PUBLIC SERVICE COM'N

Nos. WD 59277, WD 59370, WD 59336, WD 59371, WD 59369, WD 59393.

62 S.W.3d 545 (2001)

AT & T COMMUNICATIONS OF THE SOUTHWEST, INC., and AT & T Wireless Services, Inc., Cellco PTN., Cybertell Cellular Telephone Company d/b/a Verizon Wireless, Sprint Spectrum d/b/a Sprint PCS, Southwestern Bell Telephone Company, Southwestern Bell Wireless, LLC ., Appellants, State of Missouri, ex rel., Alma Telephone Company, Chariton Valley Telephone Corporation, Choctaw Telephone Company, Mid-Missouri Telephone Company, Mo-Kan Dial, Inc., Peace Valley Telephone Company, State of Missouri, ex rel., BPS Telephone Company, Respondents, v. PUBLIC SERVICE COMMISSION OF THE STATE OF MISSOURI, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 4, 2001.

Application for Transfer Denied January 22, 2002.


Attorney(s) appearing for the Case

Paul S. Deford, Kansas City, for appellant AT&T Communications and AT&T Wireless Services.

James F., Mauze, St. Louis, for appellant. Cellco PTN and Cybertell Cellular Telephone Co.

Paul G. Lane, St. Louis, for appellant Southwestern Bell Tel. Co.

Charles W. McKee, Overland Park, KS, Paul H. Gardner, Jr., Jefferson City, for appellant Sprint Spectrum.

Larry W. Dority, Jefferson City, for appellant Southwestern Bell Wireless.

Dan K. Joyce, Marc D. Poston, Jefferson City, for appellant Missouri Public Service Com'n.

Craig S. Johnson, Jefferson City, for respondent Alma Tel. Co., Inc.

William R. England, III, Jefferson City, for respondent BPS Tel. Co.

Before BRECKENRIDGE, P.J., ELLIS, J. and TURNAGE, S.J.


Motion for Rehearing and/or Transfer to Supreme Court Denied December 4, 2001.

PATRICIA BRECKENRIDGE, Judge.

Appellants, the Public Service Commission and a group of wireless carriers and competitive local exchange carriers, appeal the circuit court's judgment reversing the Commission's decision to reject tariffs proposed by Respondents, a group of small rural telephone companies.1 Because this court finds that the Commission failed...

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