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RYDER v. IDAHO PUBLIC UTILITIES COM'N

No. 29175.

120 P.3d 736 (2005)

141 Idaho 918

In the Matter of the Joint Petition of Robert Ryder, dba Radiopaging Service, Joseph McNeal, dba Pagedate and Interpage of Idaho, for a Declaratory Order and Recovery of Overcharges from U.S. West Communications, Inc. Robert RYDER dba Radio Paging Service, Joseph B. McNeal dba Pagedate and Interpage of Idaho, Petitioners-Appellants-Cross Respondents, and Tel-Car, Inc., Petitioner, v. IDAHO PUBLIC UTILITIES COMMISSION, Respondent on Appeal-Cross Respondent, and Qwest Corporation, Respondent-Respondent on Appeal-Cross Appellant.

Supreme Court of Idaho, Boise, March 2005 Term.

September 6, 2005.

Attorney(s) appearing for the Case

Brad M. Purdy, Boise for appellants.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent Idaho Public Utilities Commission. Donald L. Howell argued.

Batt & Fisher, Boise, for respondent Qwest Corporation. William J. Batt argued.

SCHROEDER, Chief Justice.

Robert Ryder, d/b/a Radio Paging Service, Joseph B. McNeal, d/b/a PageData and InterPage of Idaho, and Tel-Car, Inc. (Pagers), appeal from Order(s) No. 29064 and 29140 of the Idaho Public Utilities Commission (IPUC). Qwest Corporation (Qwest), cross appeals from Order(s) No. 29555 and 29603 of the IPUC.

I.

FACTS AND PROCEDURAL BACKGROUND

The Pagers are Commercial Radio Service Providers (CMRS) providing one-way...

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