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IN RE APPLICATION OF LINCOLN ELEC. SYSTEM

No. S-01-286.

655 N.W.2d 363 (2003)

265 Neb. 70

In re APPLICATION OF LINCOLN ELECTRIC SYSTEM. Lincoln Electric System, Lincoln, Appellant, v. Nebraska Public Service Commission, Appellee, and Nebraska Telecommunications Association et al., Intervenors-Appellees.

Supreme Court of Nebraska.

January 10, 2003.

Attorney(s) appearing for the Case

William F. Austin, of Erickson & Sederstrom, P.C., Douglas L. Curry, of Lincoln Electric System, Lincoln, and Mark J. Ayotte, of Briggs and Morgan, P.A., for appellant.

Jack L. Shultz and Gregory D. Barton, of Harding, Shultz & Downs, Lincoln, for intervenor-appellee Nebraska Telecommunications Association.

HENDRY, C.J., and WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

This is an appeal of an order of the Nebraska Public Service Commission (Commission) dismissing an application for contract carrier permit authority filed by Lincoln Electric System (LES). LES appeals, arguing the Commission erred in determining that LES lacked legal authority to provide contract carrier telecommunications services.

I. PROCEDURAL HISTORY

LES is an operating division of the city of Lincoln, a Nebraska municipal corporation...

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