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QWEST CORPORATION v. MINNESOTA PUBLIC UTILITIES COMMISSION

No. 13-1267.

736 F.3d 776 (2013)

QWEST CORPORATION, Plaintiff-Appellant v. MINNESOTA PUBLIC UTILITIES COMMISSION; David Boyd, in his official capacity as Chairman of the Minnesota Public Utilities Commission; J. Dennis O'Brien, in his official capacity as a member of the Minnesota Public Utilities Commission; Thomas Pugh, in his official capacity as a member of the Minnesota Public Utilities Commission; Phyllis Reha, in her official capacity as a member of the Minnesota Public Utilities Commission; Betsy Wergin, in her official capacity as a member of the Minnesota Public Utilities Commission, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 25, 2013.

Attorney(s) appearing for the Case

John Michael Devaney , Perkins & Coie , Washington, DC, Jason D. Topp, Corporation Counsel, Qwest Corporation Legal Department, Minneapolis, MN, for Plaintiff-Appellant.

Lisa A. Crum , Michael Everson , Assistant Attorney General, Attorney General's Office, Saint Paul, MN, for Defendants-Appellees.

Before RILEY, Chief Judge, MELLOY and KELLY, Circuit Judges.

RILEY, Chief Judge.

Qwest Corporation appeals from the order and judgment the district court entered on January 7, 2013, on remand from our decision in Qwest Corp. v. Minnesota Public Utilities Commission, 684 F.3d 721 (8th Cir.2012). In Qwest, we held that the district court erred in upholding an April 23, 2010, order from the Minnesota Public Utilities Commission (commission). Id. at 722, 732. The commission...

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