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CONNECTICUT OFFICE OF CONSUMER COUNSEL v. F.C.C.

No. 1191, Docket 89-4157.

915 F.2d 75 (1990)

CONNECTICUT OFFICE OF CONSUMER COUNSEL, James F. Meehan, Consumer Counsel, Connecticut Department of Public Utility Control, Peter G. Boucher, Chairman of the Department of Public Utility Control, and Clarine Nardi Riddle, Attorney General, State of Connecticut, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, American Telephone and Telegraph Company, Intervenor.

United States Court of Appeals, Second Circuit.

Decided September 20, 1990.

Attorney(s) appearing for the Case

Bill Kowalski, Sr. Staff Atty., Connecticut Office of Consumer Counsel, New Britain, Conn. (Clarine Nardi Riddle, Atty. Gen. for the State of Conn.; Robert S. Golden, Jr., and Rachael Davis, Asst. Attys. Gen., Connecticut Dept. of Public Utility Control, New Britain, Conn., of counsel), for Petitioners.

John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., Washington, D.C. (James F. Rill, Asst. Atty. Gen., Robert B. Nicholson, Robert J. Wiggers, U.S. Dept. of Justice, Washington, D.C.; Robert L. Pettit, Gen. Counsel, and Laurel R. Bergold, F.C.C., Washington, D.C., of counsel), for respondents.

David W. Carpenter, Chicago, Ill. (Peter D. Keisler, Sidley & Austin, Chicago, Ill.; Francine J. Berry, and Judy Sello, Basking Ridge, N.J., of counsel), for intervenor.

Before KEARSE, WINTER and WALKER, Circuit Judges.

WINTER, Circuit Judge:

This petition involves rates for interstate telephone service charged by intervenor American Telephone and Telegraph Company ("AT & T") to its customers in Connecticut. Specifically, we are asked to examine a surcharge collected by AT & T from its Connecticut customers in order to recover the expense of a gross receipts tax imposed on AT & T by the State of Connecticut. Petitioners, various Connecticut state officials, seek review...

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