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QWEST CORP. v. BOYLE

No. 08-3838.

589 F.3d 985 (2009)

QWEST CORPORATION, Appellant, v. Anne C. BOYLE, in her official capacity as Commissioner of the Nebraska Public Service Commission; Gerald L. Vap, in his official capacity as Commissioner of the Nebraska Public Service Commission, Rod Johnson, in his official capacity as Commissioner of the Nebraska Public Service Commission; Frank E. Landis, Jr., in his official capacity as Commissioner of the Nebraska Public Service Commission; Timothy Schram, in his official capacity as Commissioner of the Nebraska Public Service Commission; Nebraska Public Service Commission, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 29, 2009.

Attorney(s) appearing for the Case

John Michael Devaney, argued, Washington, DC, for appellant.

Leonard Jay Bartel, AAG, argued, Lincoln, NE, for appellee.

Before RILEY, HANSEN and GRUENDER, Circuit Judges.

GRUENDER, Circuit Judge.

Qwest Corporation challenges an order issued by the Nebraska Public Service Commission setting the rates that competitors must pay to lease elements of Qwest's local telephone network in Nebraska. The district court,1 applying a deferential standard of review, affirmed the Commission's order. For the following reasons, we affirm in part and remand to the district court...

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