222129P.pdf   07/06/2023  Venture Comm. Co-Op, Inc.  v.  James Valley Co-Op Telephone Co.
   U.S. Court of Appeals Case No:  22-2129
                          and No:  22-2190
   U.S. District Court for the District of South Dakota - Central   
   [PUBLISHED] [Loken, Author, with Colloton and Benton, Circuit Judges] 
   Civil case. In this action plaintiff alleged defendant had violated 47 
   U.S.C. Sec. 220(e) by filing a Form 477 which intentionally misrepresented 
   information for the purpose of depriving plaintiff of FCC broadband 
   internet subsidies for certain geographic areas; the district court 
   granted defendant summary judgment on plaintiff's fraud and unfair 
   competition claims, concluding there was no evidence defendant had 
   willfully overreported its broadband capabilities; the court further 
   dismissed plaintiff's tortious interference claim because defendant 
   committed no intentional and unjustified act of interference and dismissed 
   plaintiff's civil conspiracy claim for lack of an underlying tort. Held: 
   the district court did not err in determining that there was no evidence 
   defendant had willfully filed a false Form 477 regarding its broadband 
   capabilities; dismissal of tortious interference and civil conspiracy 
   claims affirmed.