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VERIZON WIRELESS (YAW) LLC v. KOLBECK

No. CIV 04-3014.

529 F.Supp.2d 1081 (2007)

2007 DSD 30

VERIZON WIRELESS (VAW) LLC, Commnet Cellular License Holding LLC, Missouri Valley Cellular, Inc., Sanborn Cellular, Inc., and Eastern South Dakota Cellular, Inc., d/b/a Verizon Wireless, Plaintiffs, v. Steve KOLBECK, Gary Hanson and Dustin Johnson, in their official capacities as the Commissioners of the South Dakota Public Utilities Commission, Defendants, South Dakota.Telecommunications Ass'n and Venture Communications Cooperative, Intervenors.

United States District Court, D. South Dakota, Central Division.

December 28, 2007.

Attorney(s) appearing for the Case

Craig A. Pfeifle, Gene N. Lebrun, Steven Joe Oberg, Lynn, Jackson, Shultz & Lebrun, PC, Rapid City, SD, David C. McDonald, Philip R. Schenkenberg, Briggs & Morgan, P.A., Minneapolis, MN, for Plaintiffs.

Rolayne L. Ailts Wiest, Public Utilities Commission, Pierre, SD, for Defendants.

Darla Pollman Rogers, Margo D. Northrup, Riter, Rogers, Wattier & Brown, LLP, Richard D. Coit, SD Independent Telephone Coalition, Pierre, SD, for Intervenors.

OPINION AND ORDER

KORNMANN, District Judge.

INTRODUCTION

[¶ 1] Plaintiffs ("Verizon Wireless") instituted this declaratory judgment action, seeking a declaration that portions of Senate Bill 144, enacted by the 79th Session of the South Dakota Legislature, published as Chapter 284 of the 2004 Session Laws and now codified at SDCL 49-31-109 through 49-31-115, are unconstitutional, as applied to wireless carriers. Governor Rounds signed the...

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