Legal Opinion
Alltel Tennessee, Inc. v. Tennessee Public Service Commission
Court of Appeals for the Sixth Circuit
Decided September 10, 1990No. 89-5832PublishedCited by 3 opinions
1Opinion of the Court
BOYCE F. MARTIN, Jr., Circuit Judge.
Five small Tennessee telephone companies appeal the dismissal of their complaint alleging that the Tennessee Public Service Commission violated an order of the Federal Communications Commission by the issuance of an order adopting a “residual methodology” as the basis for setting intrastate telephone rates. The district court dismissed the complaint on both jurisdictional and abstention grounds. Because subject matter jurisdiction existed and abstention was improper, we reverse. However, because the case was not ready for a judicial determination, we remand…
2Cases cited15 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Middlesex County Ethics Committee v. Garden State Bar Ass'nSupreme Court of the United States · 1982
- New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989
- United States v. Western Pacific RailroadSupreme Court of the United States · 1956
- Louisiana Pub. Serv. Comm'n v. FCCSupreme Court of the United States · 1986
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3Cited by3 opinions
- Amy Mallenbaum v. Adelphia Communications CorporationCourt of Appeals for the Third Circuit · 1996
- Alltel Tennessee, Inc. v. Tennessee Public Service CommissionCourt of Appeals for the Sixth Circuit · 1990
- Pickelman v. Michigan State PoliceDistrict Court, E.D. Michigan · 2000