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STATE OF MINNESOTA IN COURT OF APPEALS A09-1493 In the Matter of Qwest`s Performance Assurance Plan In the Matter of Qwest`s Wholesale Quality Standards Filed June 8, 2010 Affirmed Schellhas, Judge Minnesota Public Utilities Commission Agency File Nos. P-421/AM-01-1376; P-421/AM-00-849 Karen Finstad Hammel, Assistant Attorney General, St. Paul, Minnesota (for relator Minnesota Department of Commerce) Jeanne M. Cochran, Assistant Attorney General, St. Paul, Minnesota (for respondent Minnesota Public Utilities Commission) Considered and decided by Schellhas, Presiding Judge; Lansing, Judge; and Halbrooks, Judge. SYLLABUS Money deposited in the Tier 2 Special Fund under Qwest Corporation`s Performance Assurance Plan does not constitute money recovered by a state official in litigation or in settlement of a matter that could have resulted in litigation within the meaning of Minn. Stat.

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