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QWEST CORP. v. MINNESOTA PUBLIC UTILITIES COM'N

No. 11-2590.

684 F.3d 721 (2012)

QWEST CORPORATION, Appellant, v. MINNESOTA PUBLIC UTILITIES COMMISSION; David Boyd, in his official capacity as Chairman of the Minnesota Public Utilities Commission; J. Dennis O'Brien; Thomas Pugh; Phyllis Reha; Betsy Wergin, in their official capacities as members of the Minnesota Public Utilities Commission, Appellees. AT & T, Inc.; Verizon, Amici on behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 12, 2012.

Attorney(s) appearing for the Case

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

Jeanne Marie Cochran , Assistant Attorney General, argued, St. Paul, MN, for appellees.

Brendan J. Crimmins , argued, Washington, DC, Michael E. Glover , Arlington, VA, Gary Phillips , Paul K. Mancini , Scott H. Angstreich , Christopher M. Heimann , Washington, DC, Kimberly Caswell , Tampa, FL, on the brief, for amici.

Before RILEY, Chief Judge, WOLLMAN and SMITH, Circuit Judges.

RILEY, Chief Judge.

The Minnesota Public Utilities Commission (commission) entered an order requiring Qwest Corporation, a successor Bell operating company (BOC),1 to submit for review and approval a price list and supporting rationale for certain telecommunication network facilities 47 U.S.C. § 271 requires Qwest to provide to its Minnesota competitors. Qwest sought judicial review and declaratory relief in the district court, arguing...

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