UNITED STATES v. AMERICAN TEL. & TEL. CO.

No. 76-1712.

567 F.2d 121 (1977)

UNITED STATES of America v. AMERICAN TELEPHONE & TELEGRAPH COMPANY et al., John E. Moss, Individually and on behalf of the U. S. House of Representatives and the House Committee on Interstate and Foreign Commerce, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 20, 1977.

Rehearing Denied December 12, 1977.


Attorney(s) appearing for the Case

Joseph M. Hassett, Washington, D.C., with whom E. Barrett Prettyman, Jr., Jean S. Moore and Janet L. McDavid, Washington, D.C., were on the brief for appellant.

Irwin Goldbloom, Deputy Asst. Atty. Gen., Washington, D.C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Earl J. Silbert, U.S. Atty., Thomas S. Martin, Sp. Asst. Atty., Leonard Schaitman, Neil H. Koslowe, David J. Anderson and John T. Boese, Attys., Dept. of Justice, Washington, D.C., were on the brief for appellee United States of America.

Nathaniel Hawthorne, Washington, D.C., entered an appearance for appellees American Tel. & Tel. Co., et al.

Before LEVENTHAL, ROBINSON and WILKEY, Circuit Judges.


Opinion for the Court filed by LEVENTHAL, Circuit Judge.

LEVENTHAL, Circuit Judge:

This case brings to us for a second time conflicting assertions by the executive and legislative branches, contentions that require the third branch to decide whether its constitutional mandate to decide controversies extends to such a conflict, and if so what measure of judicial resolution is sound and appropriate.

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