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SPRINT COMMUNICATIONS CO., L.P. v. JACOBS

No. 14-3109.

798 F.3d 705 (2015)

SPRINT COMMUNICATIONS COMPANY, L.P., Plaintiff-Appellant v. Elizabeth S. JACOBS; Geri D. Huser; Nick Wagner, in their official capacities as members of the Iowa Utilities Board, Defendants-Appellees v. Windstream Iowa Communications, Inc.; Office of Consumer Advocate, Intervenor Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 14, 2015.

Attorney(s) appearing for the Case

Timothy J. Simeone , argued, Washington, DC ( Christopher J. Wright , Timothy J. Simeone , Mark Daniel Davis , Washington, DC., Bret A. Dublinske , Des Moines, IA., on the briefs), for appellant.

Gregory Jon Vogt , argued, Black Mountain, NC (Gregory Jon Vogt, Black Mountain, NC., Andrew Anderson , Todd P. Langel , Des Moines, IA., on the briefs), for appellee Windstream Iowa Communications, Inc., ( David Lynch , Mary Frances Whitman , Des Moines, IA., on the briefs), for appellees Elizabeth S. Jacobs, Ms. Sheila K. Tipton and Nick Wagner, ( Mark R. Schuling , Des Moines, IA., on the brief), for Office of Consumer Advocate.

Before WOLLMAN, SMITH, and BENTON, Circuit Judges.

As explained below, this case is before us yet again, with the present proceeding being an appeal by Sprint Communications Company, L.P. (Sprint) from the dismissal of its complaint against members of the Iowa Utilities Board (the Board). We reverse and remand for further proceedings.

Under the Telecommunications...

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