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

Nos. 90-5333, 90-5335, 90-5337, 90-5351, 90-5365, 90-5367 and 90-5373.

969 F.2d 1231 (1992)

UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al. Bell Atlantic Corporation, Appellant. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al. US West, Inc., Appellant. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al. Ameritech, Appellant. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al. Pacific Telesis Group, Appellant. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al. BellSouth Corporation, Appellant. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al. Southwestern Bell Corporation, Appellant. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., and American Telephone and Telegraph Company NYNEX Corporation, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 24, 1992.


Attorney(s) appearing for the Case

Stephen M. Shapiro, with whom Mark I. Levy and Michael K. Kellogg, for Bell Companies, John Thorne, Michael D. Lowe, and Michael E. Glover, for Bell Atlantic Corp., Jeffrey S. Bork, for US WEST, Inc., Richard W. Odgers, Margaret DeB. Brown, and Stanley J. Moore, for Pacific Telesis Group, Walter H. Alford and Mark D. Hallenbeck, for BellSouth Corp., Liam S. Coonan, Ann Meuleman, and Martin E. Grambow, for Southwestern Bell Corp., and Raymond F. Burke, for NYNEX Corp., were on the joint brief, for Bell Co. appellants in all cases.

Nancy C. Garrison, Atty., Dept. of Justice, with whom James F. Rill, Asst. Atty. Gen., and Catherine G. O'Sullivan, Atty., were on the brief, for Federal appellee in all cases.

David W. Carpenter, with whom Mark C. Rosenblum and Howard J. Trienens, were on the brief, for appellee American Tel. & Tel. Co. in all cases.

Michael H. Salsbury, with whom Chester T. Kamin and Carl S. Nadler, were on the brief, for appellee MCI Communications Corp. in all cases. Anthony C. Epstein also entered an appearance, for appellee.

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

Gail L. Polivy entered an appearance, for appellee GTE Corp. in all cases.

John E. Ingle, Deputy Associate Gen. Counsel, and Robert L. Pettit, Gen. Counsel, filed a statement, for amicus curiae F.C.C. in 90-5333, explaining an FCC order.

Before: SILBERMAN, WILLIAMS, and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

Dissenting Opinion filed by Circuit Judge STEPHEN F. WILLIAMS.

SILBERMAN, Circuit Judge:

The seven regional Bell Operating Companies (BOCs or Companies) and the United States appeal from the district court's denial of a waiver of the AT & T consent decree to permit centralized provision of the "signaling" component of long distance telephone calls. The appellants1

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