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MISSOURI MUN. LEAGUE v. F.C.C.

No. 01-1379.

299 F.3d 949 (2002)

THE MISSOURI MUNICIPAL LEAGUE; The Missouri Association of Municipal Utilities; City Utilities of Springfield; City of Sikeston, Missouri; Columbia Water & Light; American Public Power Association, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents, Southwestern Bell Telephone Company; State of Missouri, Intervenors on Appeal. National Association of Telecommunications Officers and Advisors; United Telecom Council, Amici on Behalf of Petitioners.

United States Court of Appeals, Eighth Circuit.

Filed: August 14, 2002.

Attorney(s) appearing for the Case

James Baller, argued, Washington, DC (Sean A. Stokes, Allison L. Driver, William Andrew Dalton and Richard B. Geltman, on the brief), for Petitioners.

Richard K. Welch, argued, Washington, DC, for Respondent.

Ronald Molteni, argued, Jefferson City, MO, for Intervenor State of Missouri.

Geoffrey M. Klineberg, argued, Washington, DC, for Intervenor Southwestern Bell.

Before WOLLMAN, Chief Judge, BOWMAN, and STAHL, Circuit Judges.

WOLLMAN, Chief Judge.

Various Missouri municipalities, municipal organizations, and public power companies (the Missouri Municipals) have petitioned for review of the Federal Communications Commission's (Commission) order denying the Missouri Municipals' petition to preempt a Missouri statute that prevents municipalities and municipally owned utilities from providing telecommunications services or telecommunications facilities...

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