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CHESAPEAKE & POTOMAC TELEPHONE v. PUB. SERV. COM'N

No. 83-1403.

748 F.2d 879 (1984)

The CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF MARYLAND, Appellee, v. PUBLIC SERVICE COMMISSION OF MARYLAND, Frank O. Heintz, Chairman, William A. Badger, Commissioner, Lilo K. Schifter, Commissioner, Wayne B. Hamilton, Commissioner, Haskell N. Arnold, Commissioner, Appellants, and Ronald Hawkins, Executive Director and Maryland Office of People's Counsel, Defendants. Federal Communications Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided November 20, 1984.

Attorney(s) appearing for the Case

Kirk J. Emge, Gen. Counsel for the Public Service Comm'n of Maryland, Baltimore, Md. (Sandra L. Hall, Asst. Gen. Counsel, Baltimore, Md., on brief), for appellants.

D. Michael Stroud, Washington, D.C. (Robert A. Levetown and Mark J. Mathis, David H. Lloyd, John A. Siliciano, Daniel I. Prywes, Arnold & Porter, Washington, D.C., J. William Sarver, Baltimore, Md., on brief), for appellee.

Before RUSSELL and MURNAGHAN, Circuit Judges, and MICHAEL, District Judge.

PER CURIAM:

This is an appeal from an Order of the District Court granting a preliminary injunction requiring the Public Service Commission of Maryland (PSC) and its officials to comply with a Federal Communications Commission (FCC) Preemption Order dated January 6, 1983. 560 F.Supp. 844. Jurisdiction for this appeal is provided for in 28 U.S.C. § 1292(a)(1) (1982).

PSC argues...

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