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MAINE PUBLIC ADVOCATE v. F.C.C.

Nos. 87-1213, 87-1399.

828 F.2d 68 (1987)

MAINE PUBLIC ADVOCATE, Representative John A. Cashman and Representative Joseph W. Mayo, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, U.S. Sprint Communications Company, et al., and New York State Public Service Commission, et al., Intervenors. VERMONT DEPARTMENT OF PUBLIC SERVICE and Vermont Public Service Board, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Telephone and Telegraph Company, Intervenor.

United States Court of Appeals, First Circuit.

September 14, 1987.

Attorney(s) appearing for the Case

John E. Ingle, Deputy Associate Gen. Counsel, Linda L. Oliver, Washington, D.C., F.C.C., Francine J. Berry, New York City, Judy Sello, Basking Ridge, N.J., David W. Carpenter, Chicago, Ill., Cynthia A. Gray, and Sidley & Austin, Washington, D.C., on motion to dismiss for F.C.C. and American Tel. and Tel. Co.

William C. Black, Acting Public Advocate, Augusta, Me., Crombie Garrett, Asst. Atty. Gen., Samuel H. Press, Washington, D.C., Director for Public Advocacy, and Joel B. Shifman, Gen. Counsel, Charleston, W.V., on opposition to motion to dismiss.

Before CAMPBELL, Chief Judge, BOWNES and TORRUELLA, Circuit Judges.

PER CURIAM.

Respondent Federal Communications Commission has moved to dismiss for lack of jurisdiction the instant petitions for review of an F.C.C. order allowing certain tariff revisions to become effective and denying requests that the F.C.C. reject or suspend and investigate those tariff revisions. Intervenor American Telephone and Telegraph Co. ("AT & T") has joined in the motion to dismiss. Upon consideration, we grant the motion.

In an order released...

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