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SSI v. BIRCH TELECOM OF OKLAHOMA, INC.

No. 96,806.

51 P.3d 585 (2002)

2002 OK 61

SATELLITE SYSTEM, INC., Plaintiffs/Appellee, v. BIRCH TELECOM OF OKLAHOMA, INC., Defendant/Appellant.

Supreme Court of Oklahoma.

July 2, 2002.

Attorney(s) appearing for the Case

Michael Bickford, Fuller, Tubb, Pomeroy & Stokes, Oklahoma City, Oklahoma, Patrick J. Whalen, Spencer Fane Britt & Browne LLP, Kansas City, Missouri, for Appellant.

Terry J. Garrett, Kelly J. Walker, Garrett & Walker, LLP, Norman, Oklahoma, for the Appellee.

Nicole A. King, Cece L. Coleman, Assistant Attorneys General, Office of the Oklahoma Attorney General, Oklahoma City, Oklahoma, for the Amicus Curiae, the State of Oklahoma.

William R. Burkett, Rachel Lawrence, Andrea P. Johnson, Oklahoma Corporation Commission, Oklahoma City, Oklahoma, for the Amicus Curiae, the Oklahoma Corporation Commission.

HODGES, J.

I. ISSUE

¶ 1 This matter is before this Court for review of a certified interlocutory order. The issues are: (1) whether Oklahoma has adopted a state filed tariff doctrine, also know as a filed rate doctrine, which would bar actions against a public utility that has filed tariffs with the Oklahoma Corporation Commission (Commission), and (2) whether the limitation-of-liability provision approved as...

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