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BELLSOUTH TELECOM., INC. v. CINERGY COMMUNICATIONS

No. CIV.A.03-23-JMH.

297 F.Supp.2d 946 (2003)

BELLSOUTH TELECOMMUNICATIONS, INC., Plaintiff, v. CINERGY COMMUNICATIONS COMPANY, et al., Defendants.

United States District Court, E.D. Kentucky.

December 29, 2003.

Attorney(s) appearing for the Case

Dorothy J. Chambers, Louisville, KY, Mark R. Overstreet, Stites & Harbison, Frankfort, KY, Sean A. Lev, Kellogg, Huber, Hanse, Todd & Evans, P.L.L.C., Washington, DC, for Plaintiff.

C. Hatfield, Middleton & Reutlinger, Louisville, KY, Robert Bye, Overland Park, KS, Amy E. Dougherty, Deborah Tully Eversole, Public Service Commission of Kentucky, Frankfort, KY, for Defendants.

MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

In this action, BellSouth Telecommunications, Inc. ("BellSouth") seeks review of a Kentucky Public Service Commission ("PSC" or "Commission") decision. The decision at issue was the result of an arbitration conducted by the Commission pursuant to Sections 251 and 252 of the Telecommunications Act of 1996, 47 U.S.C. §§ 251-252 (the "1996 Act"). The crux of the decision to which BellSouth...

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