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RURAL IA INDEPENDENT TEL. v. IA UTILITIES

No. 02-4060.

362 F.3d 1027 (2004)

RURAL IOWA INDEPENDENT TELEPHONE ASSOCIATION, Plaintiff/Appellant, v. IOWA UTILITIES BOARD, Utilities Division, Department of Commerce, sued as: Iowa Utilities Board; Diane Munns, individually and in her official capacity as a member of the Iowa Utilities Board; Mark O. Lambert, individually and in his official capacity as a member of the Iowa Utilities Board; Elliot Smith, individually and in his official capacity as a member of the Iowa Utilities Board, Defendants/Appellees, Qwest Corporation, Intervenor Defendant/Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 1, 2004.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Thomas George Fisher, Jr. of Des Moines, IA.

Counsel who presented argument on behalf of appellees Elliot Smith, Mark O. Lambert, Dianne Munns, and Iowa Utilities Board was David Jay Lynch of Des Moines, IA. Counsel who presented argument on behalf of appellee Qwest Corp. was David S. Sather of Des Moines, IA.

Before BYE, HANSEN, and MELLOY, Circuit Judges.

BYE, Circuit Judge.

Rural Iowa Independent Telephone Association (RIITA) brought suit in the district court to challenge a ruling by the Iowa Utilities Board (IUB). The district court dismissed for lack of jurisdiction believing the suit was a direct challenge to an order of the Federal Communications Commission (FCC) and therefore within the exclusive jurisdiction of the courts of appeals under the Hobbs Act, 28 U.S.C. § 2342. We reverse and remand for further...

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