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WESTERN UNION TEL. CO. v. F. C. C.

No. 342, Docket 81-4122.

674 F.2d 160 (1982)

WESTERN UNION TELEGRAPH COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. RCA Global Communications, TRT Telecommunications Corp., The Western Union International, Inc., Trans-Lux Corporation, ITT World Communications, Inc., International Business Machines Corporation, Intervenors.

United States Court of Appeals, Second Circuit.

Decided March 12, 1982.

Attorney(s) appearing for the Case

Milton J. Grossman, Washington, D. C. (Joel Yohalem, Arthur H. Simms, Washington, D. C., of counsel), for petitioner Western Union.

John E. Ingle, Deputy Associate Gen. Counsel, F. C. C., Washington, D. C. (Stephen A. Sharp, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F. C. C., Washington, D. C., of counsel), for respondent F. C. C.

Marshall C. Berger, New York City (Weisman, Celler, Spett, Modlin & Wertheimer, New York City, of counsel), for intervenor Trans-Lux Corp.

William T. Lake, Washington, D. C. (J. Roger Wollenberg, Roger M. Witten, Michael S. Schooler, Wilmer, Cutler & Pickering, Washington, D. C., J. Gordon Walter, Susan C. Diyanni, I.B.M. Corp., Armonk, N. Y., of counsel), for intervenor I.B.M.

E. Edward Bruce, Thomas William Mayo, Covington & Burling, Roderick A. Mette, Vice President & Counsel, TRT Telecommunications Corp., Washington, D. C., of counsel, for Intervenor TRT Telecommunications Corp.

Before MESKILL and WINTER, Circuit Judges, and HOLDEN, District Judge.

MESKILL, Circuit Judge:

Western Union Telegraph Company ("WUT") petitions for review of an order of the Federal Communications Commission ("Commission") which permits international record carriers ("IRCs") to "detariff" their offerings of terminal equipment, claiming that the order is arbitrary and capricious and an abuse of discretion. WUT's basic contention is that the order constitutes a "drastic and totally unexplained...

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