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UTEX COMMUNICATIONS CORP. v. PUBLIC UTILITY COM'N

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

604 F.Supp.2d 956 (2009)

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.

March 18, 2009.

Attorney(s) appearing for the Case

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

Suzanne Antley, Texas Attorney General's Office, John R. Hulme, Office of the Attorney General, Andrew Milam Jones, AT & T Texas, Austin, TX, J. Tyson Covey, Hans J. Germann, Dennis G. Friedman, Theodore A. Livingston, Mayer Brown LLP, Chicago, IL, for Defendants.

Howard Jay Siegel, Logix Communications, Austin, TX, for Movant.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

LEE YEAKEL, District Judge.

BE IT REMEMBERED that on July 3, 2008, the Court called and concluded the above-styled cause for bench trial. Plaintiff UTex Communications Corp. ("UTex") appeared by counsel Defendants the Public Utility Commission of Texas, Paul Hudson, Julie Caruthers Parsley, and Barry Smitherman (collectively, the "PUC") and AT & T Texas1 ("AT & T") appeared...

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