MCI Telecommunications Corp. v. Public Service Commission

TACHA, Circuit Judge.

Defendants-appellants the Utah Public Service Commission (UPSC) and the individual commissioners appeal the district court’s denial of their motion to dismiss on Eleventh Amendment immunity grounds. Defendants also contest the district court’s conclusion that it has jurisdiction to consider U.S. West’s takings claim. We exercise jurisdiction over this interlocutory appeal pursuant to 28 U.S.C. § 1291 and the collateral order doctrine, see Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 147, 113 S.Ct. 684, 121 L.Ed.2d 605 (1993), and affirm. We do…