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DIAMOND INTERN. CORP. v. F. C. C.

No. 79-1192.

627 F.2d 489 (1980)

DIAMOND INTERNATIONAL CORPORATION, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Telephone and Telegraph Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 1980.

Attorney(s) appearing for the Case

William J. Byrnes, Washington, D. C., for petitioner.

Keith Fagan, Counsel, F. C. C., Washington, D. C., with whom Robert R. Bruce, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, John E. Ingle, Asst. Gen. Counsel, Roberta L. Cook, Counsel, F. C. C., Robert B. Nicholson and Margaret G. Halpern, Attys., Dept. of Justice, Washington, D. C., were on brief, for respondents.

Alfred Winchell Whittaker, Washington, D. C., with whom Marian Jean Dabney was on brief, for intervenor.

Also Edgar Mayfield and Edmund B. Raftis, Bedminister, N. J., entered appearances for intervenor.

Before ROBINSON and MIKVA, Circuit Judges, and JUNE L. GREEN, United States District Court Judge for the District of Columbia.

Opinion PER CURIAM:

PER CURIAM:

Diamond International Corporation (Diamond) petitioned this court to review a ruling by the Federal Communications Commission which dismissed Diamond's complaint against the American Telephone and Telegraph Company (AT&T) and its local subsidiary, New York Telephone Company (New York Tel.). Diamond Int'l Corp. v. American Tel. & Tel., 70 F.C.C.2d 656 (1979). At issue is the lawfulness of certain charges billed...

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