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WESTERN UNION TELEGRAPH CO. v. F.C.C.

Nos. 84-1177, 84-1641, 84-1642, 85-1115, 85-1124, 85-1148, 85-1151, 85-1170, 85-1183, 85-1204 and 85-1300.

773 F.2d 375 (1985)

WESTERN UNION TELEGRAPH CO., MCI Telecommunications Corporation and Mountain State Telephone and Telegraph Co., et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

United States Court of Appeals, District of Columbia Circuit.

October 4, 1985.

Attorney(s) appearing for the Case

Michael H. Bader, Kenneth A. Cox, William J. Byrnes, Thomas R. Gibbon, Theodore D. Kramer and John M. Scorce, Washington, D.C., were on the motion to dismiss for petitioner MCI Telecommunications Corp.

Judith A. Maynes, Robert B. Stechert, Daniel Stark, Jules M. Perlberg, Jonathan S. Hoak, Howard J. Trienens and Alfred A. Green, Chicago, Ill., were on the opposition to the motion for petitioner American Tel. and Tel. Co.

John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., Washington, D.C., was on the response to the motion to dismiss for respondent F.C.C.

Before MIKVA, BORK and SCALIA, Circuit Judges.

Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

This motion presents the question whether this court must dismiss for lack of jurisdiction a petition filed before the order of which it seeks review was "entered" as that term is defined by statute and regulation.

I

On March 1, 1985 the FCC adopted an order entitled "Investigation of Access and Divestiture Related Tariffs." The order was released to the public on...

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