Legal Opinion
Destek Group, Inc. v. New Hampshire Public Utilities Commission
Court of Appeals for the First Circuit
Decided January 28, 2003No. 01-2286PublishedCited by 79 opinions
1Opinion of the Court
MAGILL, Senior Circuit Judge.
This case concerns the subject matter jurisdiction of federal district courts pursuant to § 252(e)(6) of the Telecommunications Act of 1996 (the “Telecommunications Act” or “Act”), 47 U.S.C. § 252(e)(6) (2000), and the scope of immunity of a state commission and state commissioners from suit under 42 U.S.C. § 1983 (2000). In October 1999, The Destek Group, Inc. (“Destek”), Plaintiff-Appellant, initiated this action in the district court against the State of New Hampshire, Public Utilities Commission (the “State Commission”), Members of the Commission (the…
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