U.S. v. WESTERN ELEC. CO., INC.

Nos. 89-5034, 89-5075 to 89-5078.

907 F.2d 160 (1990)

UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., and American Telephone and Telegraph Company, et al. (Four Cases) Appeal of BELL ATLANTIC. Appeal of U.S. WEST, INC. Appeal of PACIFIC TELESIS GROUP. Appeal of SOUTHWESTERN BELL TELEPHONE COMPANY. Appeal of BELLSOUTH CORPORATION.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 1990.

Rehearing and Rehearing Denied August 28, 1990.


Attorney(s) appearing for the Case

John Thorne, with whom Robert A. Levetown and Michael D. Lowe, Washington, D.C., for Bell Atlantic Corp., R. Frost Branon, Jr., Atlanta, Ga., for BellSouth Corp., Raymond F. Burke, Saul Fisher, Bedminster, N.J., for NYNEX Corp., Richard W. Odgers, Margaret DeB. Brown, San Francisco, Cal., and Stanley J. Moore, San Francisco, Cal., for Pacific Telesis Group, and James D. Ellis, Liam S. Coonan, St. Louis, Mo., and Paul G. Lane, Jefferson City, Mo., for Southwestern Bell Corp., were on the joint brief, for appellants in 89-5034, 89-5076, 89-5077 and 89-5078. James R. Young and John M. Goodman, Washington, D.C., for Bell Atlantic, Martin J. Silverman, New York City, for NYNEX Corp., Sarah J. Diehl, San Francisco, Cal., for Pacific Telesis Group, William C. Sullivan and Linda S. Legg, Washington, D.C., for Southwestern Bell, and Abbott B. Lipsky, Jr., Washington, D.C., for BellSouth Corp., also entered appearances, for appellants.

Jeffrey S. Bork, Washington, D.C., was on the brief, for appellant U.S. West, Inc. in 89-5075.

Andrea Limmer, Atty., Dept. of Justice, with whom James F. Rill, Asst. Atty. Gen., Washington, D.C., Alison L. Smith, Deputy Asst. Atty. Gen., Houston, Tex., Catherine G. O'Sullivan and Barry Grossman, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellees in all cases.

David W. Carpenter, Chicago, Ill., Mark C. Rosenblum, New York City, and Howard J. Trienens, Chicago, Ill., were on the brief, for appellee AT & T in 89-5034, 89-5075, 89-5076, 89-5077 and 89-5078. Jonathan S. Hoak, Springfield, Ill., also entered an appearance, for appellee.

Chester T. Kamin, Chicago, Ill., Thomas S. Martin, Michael H. Salsbury, Anthony C. Epstein and Carl S. Nadler, Washington, D.C., for MCI Communications Corp., Stephen R. Bell and David Alan Nall, Washington, D.C., for BT Tymnet, Inc., were on the joint brief, for appellees in 89-5034, 89-5075, 89-5076, 89-5077 and 89-5078.

Martin T. McCue, Roselle, Ill., entered an appearance, for appellee U.S. Telephone Ass'n in all cases.

Samuel A. Simon, Washington, D.C., was on the brief, for intervenor U.S. Videotel, Inc. in all cases.

Before EDWARDS, SILBERMAN and WILLIAMS, Circuit Judges.


Rehearing and Rehearing En Banc Denied August 28, 1990.

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

This appeal is yet another in a stream of disputes arising from the consent decree that purported to settle the Justice Department's antitrust suit against AT & T. See United States v. AT & T, 552 F.Supp. 131 (D.D.C.1982), aff'd mem. sub nom. Maryland v. United...

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