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UTEX COMMUNICATIONS v. PUBLIC UTILITY COM'N OF TEX.

No. A-06-CA-567-LY.

514 F.Supp.2d 963 (2007)

UTEX COMMUNICATIONS CORP., Plaintiff, v. THE PUBLIC UTILITY COMMISSION OF TEXAS, Paul Hudson, in His Official Capacity as Chairman of the Public Utility Commission of Texas, Julie Caruthers Parsley, in her Official Capacity as Commissioner of the Public Utility Commission of Texas, Barry Smitherman, in his Official Capacity as Commissioner of the Public Utility Commission of Texas, and Southwestern Bell Telephone, L.P. D/B/A AT & T Texas F/K/A SBC Texas, Defendants.

United States District Court, W.D. Texas, Austin Division.

September 26, 2007.

Attorney(s) appearing for the Case

Kell Corrigan Mercer, Patricia Baron Tomasco, Stephen Wayne Lemmon, Brown McCarroll, L.L.P., Austin, TX, for Plaintiff.

John R. Hulme, Suzanne Antley, Texas Attorney General's Office, Austin, TX, Dennis G. Friedman, Hans Germann, J. Tyson Covey, Theodore A. Livingston, Mayer, Brown, Rowe & Maw L.L.P., Chicago, IL, for Defendants.

Andrew Milam Jones, Austin, TX.

MEMORANDUM OPINION AND ORDER

LEE YEAKEL, District Judge.

Before the Court are AT & T Texas' Motion to Dismiss filed September 29, 2006 (Doc: # 37); the Public Utility Commission of Texas and Commissioners' Motion to Dismiss under Fed.R.Civ.P. 12(b)(1) and (6) filed September 29, 2006, (Doc. # 38); UTex Communications Corporation's Omnibus Response to the Motion to Dismiss filed by AT & T Texas, Public Utility Commission of Texas, and Commissioners...

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