UNITED TEL. CO. OF CAROLINAS, INC. v. F. C. C.

No. 75-1886.

559 F.2d 720 (1977)

UNITED TELEPHONE COMPANY OF the CAROLINAS, INC., and Carolina Telephone and Telegraph Company, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Southern Bell Telephone and Telegraph Co., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 1977.

Rehearing Denied June 9, 1977.


Attorney(s) appearing for the Case

Warren E. Baker, Kansas City, Mo., with whom John M. Lothschuetz, Mansfield, Ohio, and Carolyn C. Hill, Washington, D. C., were on the brief, for petitioners.

Jack David Smith, Counsel, F. C. C., Washington, D. C., with whom Ashton R. Hardy, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., Barry M. Grossman and James F. Ponsoldt, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents. John E. Ingle, Counsel, F. C. C., Washington, D. C., also entered an appearance for respondent F. C. C.

R. C. Howison, Jr., Raleigh, N. C., with whom John F. Beasley and R. Frost Branon, Jr., Atlanta, Ga., were on the brief, for intervenor. Thomas C. Cartwright, Atlanta, Ga., also entered an appearance for intervenor.

Before TAMM, ROBB and WILKEY, Circuit Judges.


Opinion for the Court filed by TAMM, Circuit Judge.

Dissent filed by WILKEY, Circuit Judge.

TAMM, Circuit Judge:

On December 26, 1972 United Telephone Co. of the Carolinas (United) and Carolina Telephone and Telegraph Co. (Carolina) each filed a Petition for Division of Charges with the Federal Communications Commission (FCC) urging the Commission to determine a just and reasonable division of the revenues...

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