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BELLSOUTH TELECOMMUN. v. MISSISSIPPI PUBLIC SERV.

No. CIV.A. 3:05CV173LN.

368 F.Supp.2d 557 (2005)

BELLSOUTH TELECOMMUNICATIONS, INC. Plaintiff v. MISSISSIPPI PUBLIC SERVICE COMMISSION, Dorlos "BO" Robinson, in His Official Capacity as the Chairman of the PSC, Nielson Cochran, in His Official Capacity as the Vice Chairman of the PSC, and Michael Callahan, in His Official Capacity as Commissioner of the PSC Defendants Nuvox Communications, Inc., KMC Telecom III, LLC, and KMC Telecom V, Inc., Xspedius Communications LLC on Behalf of Its Operating Subsidiaries Xspedius Management Co. Switched Services, LLC and Xpedius Management Co. of Jackson, and Communigroup of Jackson, Inc. D/B/A Communigroup and McImetro Access Transmission Services LLC Defendant-Intervenors

United States District Court, S.D. Mississippi, Jackson Division.

April 13, 2005.

Attorney(s) appearing for the Case

John C. Henegan, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Sean A. Lev — PHV, Kellogg, Huger, Hansen, Todd, Evans & Figiel, PLLC, Washington, DC, Thomas B. Alexander, BellSouth Telecommunications, Inc., Jackson, for Plaintiff.

George M. Fleming, Mississippi Public Service Commission, Steven J. Allen, Brunini, Grantham, Grower & Hewes, Kathryn H. Hester, Watkins Ludlam Winter & Stennis, P.A., Robert P. Wise, Wise, Carter, Child & Caraway, Jackson, James U. Troup — PHV, McGuirewoods, LLP — Washington, Washington, DC, for Defendants.

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

This cause is before the court on the motion of plaintiff BellSouth Telecommunications ( BellSouth) for preliminary injunction asking that the court enjoin the March 9, 2005 order entered by the Mississippi Public Service Commission to the extent that such order allows competitors to place new UNE-Platform orders. Defendant Mississippi Public Service...

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