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AMERICAN TEL. & TEL. CO. v. F. C. C.

No. 74-2101.

551 F.2d 1287 (1977)

AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided February 1, 1977.

Attorney(s) appearing for the Case

Michael Boudin, Washington, D. C., with whom Daniel M. Gribbon, Washington, D. C., and F. Mark Garlinghouse, New York City, were on the brief for petitioner.

John Ingle, Counsel, F. C. C., Washington, D. C., for respondents. Ashton R. Hardy, Gen. Counsel, Joseph A. Marino, Assoc. Gen. Counsel, Washington, D. C., at the time the brief was filed, C. Grey Pash, Jr., Counsel, F. C. C., Howard E. Shapiro, and Laurence K. Gustafson, Attys., Dept. of Justice, Washington, D. C., were on the brief for respondents.

Jerry S. Cohen, Herbert E. Milstein, Michael D. Hausfeld, Kenneth A. Cox, William J. Byrnes and Raymond C. Fay, Washington, D. C., filed a brief on behalf of Paul Y. Chastain, et al., as amicus curiae urging affirmance.

Before BAZELON, Chief Judge, and ROBINSON and ROBB, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBB.

ROBB, Circuit Judge:

This is a petition by American Telephone & Telegraph Company (AT&T), pursuant to 47 U.S.C. § 402(a) and 28 U.S.C. § 2342, to review orders of the Federal Communications Commission, 43 F.C.C.2d 1079 (1973), recon. denied, 49 F.C.C.2d 749 (1974). The challenged orders were issued in response to a referral from the United States District Court for the District of...

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