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CARLIN COMMUNICATIONS v. MOUNTAIN ST. TEL. & TEL.

No. 85-2797.

827 F.2d 1291 (1987)

CARLIN COMMUNICATIONS, INC., a New York corporation, Sapphire Communications, Inc., an Arizona corporation, Plaintiffs-Appellees, v. The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 14, 1987.

As Amended on Denial of Rehearing and Rehearing December 7, 1987.

Attorney(s) appearing for the Case

David A. Henderson, Louis J. Hoffman, Phoenix, Ariz., Lawrence E. Adelman, Norman Beier, New York City, for plaintiffs-appellees.

Ruth V. McGregor, Nancy L. Rowen, Phoenix, Ariz., for defendants-appellants.

Before SNEED, ALARCON and CANBY, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc December 7, 1987.

SNEED, Circuit Judge:

Modern telephonic technology permits the pervasive transmission of vast quantities of information, as well as Shakespeare, Shaw, and smut. The essential question before us is whether a regional telephone company, despite its public utility status, may refuse to carry smut on its dial-a-message network. The district court concluded that it may not. We disagree and...

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