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DESTEK GROUP v. NEW HAMPSHIRE PUBLIC UTIL.

No. 01-2286.

318 F.3d 32 (2003)

The DESTEK GROUP, INC., d/b/a The Destek Networking Group, Plaintiff, Appellant, v. STATE OF NEW HAMPSHIRE PUBLIC UTILITIES COMMISSION; Douglas L. Patch, Chairman, PUC Commission; Nancy Brockway, PUC Commissioner; Susan S. Geiger, PUC Commissioner; Verizon New England, Inc., d/b/a Verizon New Hampshire, Defendants, Appellees. New England Telephone and Telegraph Company, d/b/a Bell Atlantic-New Hampshire, Defendant.

United States Court of Appeals, First Circuit.

Decided January 28, 2003.

Attorney(s) appearing for the Case

Eugene F. Sullivan, III, with whom Ingersoll & Sullivan, P.A. was on brief, for appellant.

Sean A. Lev, with whom Gregory M. Kennan and Thomas J. Donovan were on brief, for appellee Verizon New England.

Daniel J. Mullen, Associate Attorney, with whom Philip T. McLaughlin, Attorney General, was on brief, for appellee State of New Hampshire Public Utilities Commission, et al.

Before LYNCH, Circuit Judge, CAMPBELL and MAGILL, Senior Circuit Judges.

MAGILL, Senior Circuit Judge.

This case concerns the subject matter jurisdiction of federal district courts pursuant to § 252(e)(6) of the Telecommunications Act of 1996 (the "Telecommunications Act" or "Act"), 47 U.S.C. § 252(e)(6) (2000), and the scope of immunity of a state commission and state commissioners from suit under 42 U.S.C. § 1983 (2000). In October 1999, The Destek Group, Inc. ("Destek"), Plaintiff-Appellant, initiated this action in the...

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