LINCOLN TEL. & TEL. CO. v. F. C. C.

Nos. 79-1487, 79-2029, and 79-2310.

659 F.2d 1092 (1981)

The LINCOLN TELEPHONE and TELEGRAPH COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, MCI Telecommunications Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 28, 1981.


Attorney(s) appearing for the Case

Thomas J. O'Reilly, Washington, D. C., for petitioner.

Jack David Smith, Counsel, F. C. C., Washington, D. C., with whom Robert R. Bruce, Gen. Counsel, David J. Saylor, Deputy Gen. Counsel, and Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., Sanford M. Litvack, Asst. Atty. Gen., and Barry Grossman and Andrea Limmer, Attys., Dept. of Justice, Washington, D. C., were on the brief, for respondents. John E. Ingle, Counsel, F. C. C., Washington, D.C., and John J. Powers, III and Susan J. Atkinson, Attys., Dept. of Justice, Washington, D. C., also entered appearances for respondents.

William J. Byrnes, Washington, D. C., with whom Michael H. Bader, Kenneth A. Cox, and John M. Pelkey, Washington, D. C., were on the brief, for intervenor. John Wells King, Washington, D. C., also entered an appearance for intervenor.

Shanler D. Cronk, Lincoln, Neb., was on the brief for amici curiae State of Nebraska and Nebraska Public Service Commission.

Before WRIGHT, TAMM, and WILKEY, Circuit Judges.


Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Circuit Judge:

This case presents another chapter in the efforts of MCI Telecommunications Corporation (MCI) to serve the specialized communications market through the provision of Execunet telephone service. The petitioner here, Lincoln Telephone and Telegraph Company (LT&T), seeks review of three orders of the Federal Communications...

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