ACE TELEPHONE ASS'N v. KOPPENDRAYER

Nos. 05-1170, 05-1171.

432 F.3d 876 (2005)

ACE TELEPHONE ASSOCIATION; Hometown Solutions; Hutchinson Telecommunications, Inc.; Mainstreet Communications, LLC; Northstar Access, LLC; Otter Tail Telecom, LLC; Paul Bunyan Rural Telephone Company; Tekstar Communications, Inc.; US Link, Inc., Appellees, v. Leroy KOPPENDRAYER, in his official capacity as Chairman of the Minnesota Public Utilities Commission; R. Marshall Johnson, in his official capacity as a member of the Minnesota Public Utilities Commission; Kenneth Nickolai, in his official capacity as a member of the Minnesota Public Utilities Commission; Phyllis Reha, in her official capacity as a member of the Minnesota Public Utilities Commission; Gregory Scott, in his official capacity as a member of the Minnesota Public Utilities Commission; The Minnesota Public Utilities Commission, Appellants, Qwest Corporation, Intervenor Defendant/Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 29, 2005.


Attorney(s) appearing for the Case

Jeanne M. Cochran, Assistant Attorney General, argued, St. Paul, Minnesota (Mike Hatch and Brian H. Sande, on the brief), for appellant.

John M. Devaney, argued, Washington, D.C. (Roy W. Hoffinger and Jason D. Topp, on the brief), for intervenor/appellant.

Counsel who presented argument on behalf of the appellee was Michael John Bradley of Minneapolis, Minnesota. Also appearing on the brief were Dan Lipshultz and MIchael J. Bradley.

Before ARNOLD, HANSEN, and GRUENDER, Circuit Judges.


MORRIS SHEPPARD ARNOLD, Circuit Judge.

The Minnesota Public Utilities Commission (MPUC) and Qwest Communications, Inc., appeal the district court's grant of a motion for judicial review and declaratory relief. We reverse.

I.

The phone companies that filed the motion, Ace Telephone Association, Hometown Solutions, Hutchinson Telecommunications, Inc., Mainstreet Communications, LLC, NorthStar Access, LLC,...

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