AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, Data Transmission Company et al., Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued June 4, 1974.
Decided September 23, 1974.
Attorney(s) appearing for the Case
Alfred Partoll, New York City (Michael Boudin, Hugh B. Cox, Robert H. Loeffler, Washington, D. C., C. Duane Aldrich, Marian Jean Dabney, New York City, on the brief, F. Mark Garlinghouse, Harold J. Cohen, New York City, of counsel), for petitioner.
Joseph A. Marino, Associate Gen. Counsel, Federal Communications Commission, Washington, D. C. (John W. Pettit, Gen. Counsel, Philip V. Permut, Counsel, Thomas E. Kauper, Asst. Atty. Gen., Carl D. Lawson, Atty., Dept. of Justice, Washington, D. C.), for respondents.
William J. Byrnes, Washington, D. C. (Haley, Bader & Potts, Washington, D. C., Michael H. Bader, Kenneth A. Cox, Washington, D. C., on the brief), for intervenors Microwave Communications, Inc. & MCI Telecommunications Corp.
Glaser & Fletcher, Michael L. Glaser, Francis E. Fletcher, Jr., Washington, D. C., John M. Scorce, Vienna, Va., of counsel, for intervenor Data Transmission Co.
McKenna, Wilkinson & Kittner, Joseph M. Kittner, Edward P. Taptich, Norman P. Leventhal, Washington, D. C., Howrey, Simon, Baker & Murchison, John S. Voorhees, Washington, D. C., on the brief, for intervenor Computer & Business Equip. Mfrs. Ass'n.
Before KAUFMAN, Chief Judge, and MULLIGAN and TIMBERS, Circuit Judges.
United States Court of Appeals, Second Circuit.
MULLIGAN, Circuit Judge:
This is a petition by the American Telephone & Telegraph Company (AT&T) for review1 of a portion of a Federal Communications Commission (FCC) order, 25 F.C.C.2d 957 (1970), reconsideration denied, 40 F.C.C.2d 149 (1973), in which the FCC adopted Rule 61.58, now codified at 47 C.F.R. § 61.58 (1973),2 which revises the procedures that govern the filing of interstate tariffs...
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