WESTERN UNION TEL. CO. v. F. C. C.

No. 75-1796.

541 F.2d 346 (1976)

The WESTERN UNION TELEGRAPH COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Telephone and Telegraph Company ("AT&T") et al., Intervenors.

United States Court of Appeals, Third Circuit.

Decided July 28, 1976.


Attorney(s) appearing for the Case

Wm. Warfield Ross, William R. Weissman, J. Michel Marcoux, Wald, Harkrader & Ross, Jack Werner, Joel Yohalem, Laurence Singer, Washington, D.C., for petitioner; Richard C. Hostetler, Vice President and Gen. Counsel, Western Union Telegraph Co., Upper Saddle River, N.J., of counsel.

Ashton R. Hardy, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, John E. Ingle, Counsel, F.C.C., Thomas E. Kauper, Asst. Atty. Gen., Carl D. Lawson, John Powers, Dept. of Justice, Washington, D.C., for respondents.

Charles A. Horsky, E. Edward Bruce, Stephen G. Ryan, Gary L. Reback, Covington & Burling, Washington, D.C., Alfred C. Partoll, Lee S. Cutcliff, M. Jean Dabney, New York City, for intervenors; F. Mark Garlinghouse, New York City, of counsel.

Before SEITZ, Chief Judge, and ALDISERT and GARTH, Circuit Judges.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

This petition for review of an order of the Federal Communications Commission presents issues concerning the scope and applicability of exchange of facilities contracts in force between Western Union (WU) and American Telephone and Telegraph (AT&T). The Commission concluded that the contracts did not cover AT&T facilities to be used by WU to provide foreign exchange...

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