Wisconsin Bell, Inc. v. Public Service Commission of Wisconsin
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2005 WI 23 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 02-3163 Wisconsin Bell, Inc., (d/b/a Ameritech Wisconsin), a Wisconsin corporation, Petitioner-Respondent-CrossAppellant-Petitioner, v. Public Service Commission of Wisconsin, Respondent-Appellant-Cross-Respondent, Sprint Telecommunications, Inc., Excel Telecommunications, Inc., and AT&T Communications of Wisconsin L.P., Co-Appellants-Cross-Respondents. REVIEW OF A DECISION OF THE COURT OF APPEALS 2004 WI App 8 Reported at: 269 Wis. 2d 409, 675 N.W.2d 242 (Ct. App. 2003-Published) OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: October 26, 2004 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: Circuit Milwaukee Michael P. Sullivan JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ABRAHAMSON, C.J., did not participate. March 17, 2005 ATTORNEYS: For the petitioner-respondent-cross-appellant-petitioner there were briefs by John E. Flanagan, Jordan J. Hemaidan and Michael Best & Friedrich, LLP, Madison, and oral argument by John E. Flanagan. For the respondent-appellant-cross-respondent there was a brief by Diane M. Ramthun, Steven Levine and the Public Service Commission of Wisconsin, Madison, and oral argument by Diane M. Ramthun. For the co-appellants-cross-respondents there was a brief by Peter L. Gardon, Stephen J. Liccione and Reinhart Boerner Van Deuren, S.C., Madison (on behalf of Excel Telecommunications and Sprint Communications, Inc., L.P.); and by Arthur J. LeVasseur and Fischer, Franklin & Ford, Detroit, MI (on behalf of AT&T Communications of Wisconsin, L.P.), and oral argument by Stephen J. Liccione. 2 2005 WI 23 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 02-3163 (L.C. No. 01 CV 11870) STATE OF WISCONSIN : IN SUPREME COURT Wisconsin Bell, Inc., (d/b/a Ameritech Wisconsin), a Wisconsin corporation, Petitioner-Respondent-CrossAppellant-Petitioner, FILED v. Public Service Commission of Wisconsin, MAR 17, 2005 Respondent-Appellant-CrossRespondent, Cornelia G. Clark Clerk of Supreme Court Sprint Telecommunications, Inc., Excel Telecommunications, Inc., and AT&T Communications of Wisconsin L.P., Co-Appellants-Cross-Respondents. REVIEW of a decision of the Court of Appeals. ¶1 PER CURIAM. question of whether Affirmed. The court is equally divided on the the published decision of the court of appeals, Wisconsin Bell, Inc. v. Public Service Commission of Wisconsin, should 2004 WI be affirmed App or 8, 269 reversed. Wis. 2d 409, JUSTICE ANN 675 N.W.2d 242, WALSH BRADLEY, JUSTICE DAVID T. PROSSER, AND JUSTICE LOUIS B. BUTLER, JR. would No. 02-3163 affirm; JUSTICE JON P. WILCOX, JUSTICE N. PATRICK CROOKS, AND JUSTICE PATIENCE D. ROGGENSACK would reverse. CHIEF JUSTICE SHIRLEY S. ABRAHAMSON did not participate. ¶2 Accordingly, the decision of the court of appeals is affirmed. 2 No. 02-3163 1
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