WINDSTREAM KY WEST v. KY PUBLIC SRVC COM'N

No. 2009-CA-001973-MR.

362 S.W.3d 357 (2012)

WINDSTREAM KENTUCKY WEST, LLC and Windstream Kentucky East, LLC, Appellants, v. KENTUCKY PUBLIC SERVICE COMMISSION; MCI Communication Services, Inc.; Bell Atlantic Communications, Inc.; NYNEX Long Distance Company, Inc.; TTI National, Inc.; Teleconnect Long Distance Services & Systems Company; and Verizon Select Services, Inc., Appellees.

Court of Appeals of Kentucky.

As Modified February 24, 2012.

Rehearing Denied March 13, 2012.


Attorney(s) appearing for the Case

Robert C. Moore , Frankfort, KY, Kimberly K. Bennett , pro hac vice, Little Rock, AR, for appellants.

Helen C. Helton , J.E.B. Pinney , L. Allyson Honaker , Frankfort, KY, for appellee Kentucky Public Service Commission.

C. Kent Hatfield , Douglas F. Brent , Deborah T. Eversole , Louisville, KY, for appellee Verizon.

Before COMBS, MOORE, and NICKELL, Judges.


OPINION AND ORDER

COMBS, Judge:

Windstream Kentucky East, LLC, and Windstream Kentucky West, LLC, (collectively referred to as "Windstream"), appeal from a summary judgment of the Franklin Circuit Court entered October 19, 2009, in favor of Kentucky's Public Service Commission ("PSC"). The appellees filed a motion to dismiss, which was passed to the merits panel. We decline to consider the merits of the appeal. On principles of equity, we vacate the...

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