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CARLIN COMMUNICATION v. SOUTHERN BELL

No. 85-5956.

802 F.2d 1352 (1986)

CARLIN COMMUNICATION, INC., etc., et al., Plaintiff-Appellant, v. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, etc., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 23, 1986.

Attorney(s) appearing for the Case

Myles J. Tralins, Miami, Fla., Abelman, Frayne, Rezac & Schwab, Norman S. Beier, New York City, for plaintiff-appellant.

Phillip Newcomm, Shutts & Bowen, M. Therese Vento, Maxine M. Long, Miami, Fla., for Southern Bell.

David E. Smith, Florida Public Service Com'n, John Roger Howe, William S. Bilenky, Tallahassee, Fla., for Florida Public Service Com'n.

Before FAY and JOHNSON, Circuit Judges, and HOFFMAN, Senior District Judge.

CORRECTED OPINION

JOHNSON, Circuit Judge:

Appellant, Carlin Communication, Inc. ("Carlin"), appeals the grant of a motion for summary judgment in favor of appellees Southern Bell Telephone and Telegraph Company ("Southern Bell") and Florida Public Service Commission ("PSC"). We affirm.

I. BACKGROUND

Southern Bell filed an amendment to its Florida General Subscriber Service Tariff with the PSC on November 14, 1983, proposing to offer a new...

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