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QUERRY v. STATE HIGHWAY AND TRANSP. COM'N

No. WD 59472.

60 S.W.3d 630 (2001)

Lyle Keith QUERRY, and Robert Stuart, et al., Appellants, v. STATE HIGHWAY AND TRANSPORTATION COMMISSION, Respondent, Digital Teleport, Inc., Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 30, 2001.

Application for Transfer Denied December 18, 2001.

Attorney(s) appearing for the Case

Ronald C. Gladney, St. Louis, for appellant.

Richard S. Brownlee, III, Jefferson City, for respondent Digital Teleport, Inc.

Robert M. Hibbs, Michael C. Rose, Dennis J. Redel, Rich Tiemeyer, Jefferson City, for respondent Missouri Highway and Transportation.

Before THOMAS H. NEWTON, P.J., HAROLD L. LOWENSTEIN, and JAMES M. SMART, Jr., JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 30, 2001.

FACTUAL AND PROCEDURAL BACKGROUND1

NEWTON, Presiding Judge.

Digital Teleport, Inc. ("DTI") is a Missouri corporation that holds several types of competitive telephone service authority obtainable from the Missouri Public Service Commission under Missouri law, except for private pay phone telephone authority. It is a facilities-based...

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