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

Nos. 92-5079, 92-5111 to 92-5113, 92-5167 and 92-5168.

12 F.3d 225 (1993)

UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., Bell Atlantic Corporation, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 28, 1993.


Attorney(s) appearing for the Case

Nancy C. Garrison, Atty., U.S. Dept. of Justice, argued the cause, for appellant United States of America in No. 92-5168. With her on the brief were J. Mark Gidley, Acting Asst. Atty. Gen., and Catherine G. O'Sullivan, Atty., U.S. Dept. of Justice.

Michael W. McConnell, argued the cause for the Bell Co. appellants. With him on the joint brief were Stephen M. Shapiro, Michael K. Kellogg, and Lawrence S. Robbins (for the Bell Companies), James R. Young, John Thorne, and John M. Goodman (for Bell Atlantic Corp.), Walter H. Alford, Mark D. Hallenbeck, and Frederick W. Johnson (for BellSouth Corp.), Richard W. Odgers, Margaret DeB. Brown, and James L. Wurtz (for Pacific Telesis Group), Raymond F. Burke and Gerald E. Murray (for NYNEX Corp.), James D. Ellis, Liam S. Coonan, and Martin E. Grambow (for Southwestern Bell Corp.), and Jeffrey S. Bork (for US West, Inc.). Clifford Sloan filed an appearance, for appellant Ameritech Corp.

David Carpenter, argued the cause for appellee American Tel. & Tel. Co. ("AT&T"). With him on the brief were Francine J. Berry and Howard J. Trienens. Mark C. Rosenblum filed an appearance, for AT&T.

Anthony C. Epstein argued the cause, for intervenors Independent Data Communications Mfrs. Ass'n, Telecommunications Industry Ass'n, Tandy Corp., and MCI Communications Corp. With him on the brief were Chester T. Kamin, Michael H. Salsbury, and Carl S. Nadler, Herbert E. Marks, James L. Casserly, John L. McGrew, John W. Pettit, and Neal M. Goldberg. Thomas K. Crowe filed an appearance, for intervenor Tandy Corp. David A. Nall filed an appearance, for intervenor Independent Data Communications Mfrs. Ass'n, Inc. Albert H. Kramer and Robert F. Aldrich filed the brief, for intervenor North American Telecommunications Ass'n.

Albert Halprin filed the brief for amicus curiae Northern Telecom, Inc.

Before WALD, BUCKLEY, and WILLIAMS, Circuit Judges.


Opinion for the court filed by Circuit Judge BUCKLEY.

Dissenting opinion filed by Circuit Judge STEPHEN F. WILLIAMS.

BUCKLEY, Circuit Judge:

The 1982 antitrust consent decree providing for divestiture of the American Telephone and Telegraph Company ("AT&T") prohibits its former local exchange subsidiaries, the Bell Operating Companies ("BOCs"), from engaging in certain lines of business, including the manufacture of telecommunications products...

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