AMERICAN TELEPHONE & TELEGRAPH COMPANY, Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.
Southern Pacific Communications Company, The Independent Data Communications Manufacturers Association, Inc., Stanley J. Samorajczyk, Trustee for Data Transmission Company, Bankrupt, and Telenet Communications Corporation, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 19, 1979.
Decided May 21, 1979.
Attorney(s) appearing for the Case
George L. Saunders, Jr., Chicago, Ill., with whom David J. Lewis, Washington, D. C., F. Mark Garlinghouse, New York City, Edgar Mayfield, Bedminster, N. J., Alfred A. Green, New York City, and Harold S. Levy, New York City, were on brief, for petitioner.
John E. Ingle, Counsel, F. C. C., Washington, D. C., with whom Robert R. Bruce, Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., and Barry M. Grossman and James F. Ponsoldt, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents. Robert B. Nicholson, Atty., Dept. of Justice, Washington, D. C., entered an appearance for respondent United States of America. Jack David Smith, Counsel, F. C. C., Washington, D. C., entered an appearance for respondent F. C. C.
James van R. Springer, Washington, D. C., with whom David I. Shapiro, Joel B. Kleinman, Walter J. Walvick, David A. Donohoe, and Courtenay Ellis, Washington, D. C., were on brief, for intervenor Stanley J. Samorajczyk, Trustee for Data Transmission Co., Bankrupt.
Thormund A. Miller, San Francisco, Cal., and James M. Tobin, Herbert E. Marks, and James E. Magee, Washington, D. C., were on brief for intervenor The Independent Data Communications Manufacturers Ass'n, Inc.
Stephen Ailes and Herbert E. Forrest, Washington, D. C., were on brief for intervenor Southern Pac. Communications Co.
Philip M. Walker and Donald E. Ward, Washington, D. C., were on brief for intervenor Telenet Communications Corp.
Before WRIGHT, Chief Judge, and ROBINSON and ROBB, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the court filed by J. SKELLY WRIGHT, Chief Judge.
J. SKELLY WRIGHT, Chief Judge:
On January 17, 1977, after a prolonged investigation, the Federal Communications Commission issued its Final Decision and Order cancelling an American Telephone & Telegraph Company tariff that set forth the rates, terms, and conditions under which a new data communications service was to be furnished.1 AT&T now petitions this court...
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