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QWEST CORP. v. MINNESOTA PUBLIC UTILITIES COM'N

No. 04-3368, 04-3408, 04-3510.

427 F.3d 1061 (2005)

QWEST CORPORATION, a Colorado corporation, Plaintiff-Appellee/Cross-Appellant, v. THE MINNESOTA PUBLIC UTILITIES COMMISSION; R. Marshall Johnson, in his official capacity as a member of the Minnesota Public Utilities Commission; Leroy Koppendrayer, 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; Defendants-Appellants/Cross-Appellees, CLEC Coalition; AT & T Communications of the Midwest, Inc., Intervenors Below-Appellants/Cross-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 1, 2005.

Rehearing and Rehearing Denied December 20, 2005.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of appellant CLEC was Dan Lipschultz of Minneapolis, Minnesota. Also appearing on the brief were Mark J. Ayotte and Thomas Erik Bailey.

Counsel who presented argument on behalf of the appellee/cross-appellant was Peter S. Spivack of Washington, D.C. Also appearing on the brief was Robert E. Cattanach.

Before RILEY, LAY, and FAGG, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 20, 2005.*

LAY, Circuit Judge.

Minnesota Public Utilities Commission and Intervenors CLEC Coalition and AT & T Communications of the Midwest, Inc. (collectively, "MPUC" or "Commission") appeal the district court's1 decision that MPUC lacks the authority under Minnesota law to order Qwest Corporation ("Qwest") to comply with restitution for competitive...

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