UNITED STATES of America
v.
WESTERN ELECTRIC COMPANY, INC., et al.
Bell Atlantic, Intervenor.
Appeal of NYNEX CORPORATION.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued January 11, 1990.
Decided July 13, 1990.
Attorney(s) appearing for the Case
David W. Carpenter, with whom Michael J. Sweeney, Francine J. Berry, Mark C. Rosenblum and Howard J. Trienens, were on the brief, for appellee American Tel. & Tel. Co. Jonathan S. Hoak also entered an appearance for American Tel. & Tel. Co.
Sue D. Blumenfeld and John L. McGrew for Telecommunications Industry Ass'n, Albert H. Kramer and Robert F. Aldrich for North American Telecommunications Ass'n, Herbert E. Marks and James L. Casserly, for Independent Data Communications Mfrs. Ass'n, Inc., were on the joint brief, for appellees Western Elec. Co., Inc., et al., and amicus curiae North American Telecommunications Ass'n, urging that this appeal should be dismissed for lack of appellate jurisdiction.
James F. Rill, Asst. Atty. Gen., Alison L. Smith, Deputy Asst. Atty. Gen., Catherine G. O'Sullivan, B. Barry Grossman and Nancy C. Garrison, Attys., Dept. of Justice, were on the brief, for amicus curiae U.S., urging reversal. Robert B. Nicholson and Andrea Limmer, Attys. Dept. of Justice, also entered appearances, for the U.S.
Martin T. McCue entered an appearance, for appellee U.S. Telephone Ass'n.
Jeffrey S. Bork entered an appearance, for appellee U.S. West, Inc.
Werner K. Hartenberger entered an appearance, for appellee Cox Enterprises, Inc.
Laura H. Phillips entered an appearance, for appellees Enhanced Services Providers Ass'n, et al.
J. Richard Delvin, Carolyn C. Hill and James T. Roche entered appearances, for appellee United Telecommunications, Inc.
Ashton R. Hardy entered an appearance, for appellee Radiofone, Inc.
Henry D. Levine and Brant S. Karstetter entered appearances, for appellees California Bankers Clearing House Ass'n, et al.
Leon M. Kestenbaum, Michael B. Fingerhut and Philip M. Walker entered appearances, for appellees U.S. Sprint Communications Co.
James S. Blaszak and Charles C. Hunter entered appearances, for appellee Ad Hoc Telecommunications Users Committee.
Peter A. Rohrbach and Anthony S. Harrington entered appearances, for appellee Nat. Telecommunications Network.
James R. Young, John M. Goodman, Robert A. Levetown and Mark J. Mathis entered appearances, for intervenor Bell Atlantic.
Diane S. Killory, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and John E. Ingle, Atty., F.C.C., entered appearances, for amicus curiae F.C.C.
Before SILBERMAN and SENTELLE, Circuit Judges, and ROBINSON, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge SILBERMAN.
SILBERMAN, Circuit Judge:
NYNEX Corporation appeals the district court's denial of a requested waiver of one of the prohibitions of the consent decree settling 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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