U.S. v. WESTERN ELEC. CO.

Nos. 91-5263 to 91-5273, 91-5279 to 91-5288.

993 F.2d 1572 (1993)

UNITED STATES of America v. WESTERN ELECTRIC COMPANY, et al., National Association of Broadcasters, Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, et al., Consumer Federation of America, Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., CompuServe Incorporated, Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., The Dun & Bradstreet Corporation, Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., MCI Communications Corporation, Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., National Cable Television Association, Inc., Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., Newspaper Association of America, Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., Prodigy Services Company, Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., ADAPSO, the Computer Software and Services Industry Association, Inc., Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., ALC Communications Corporation, Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., Information Industry Association, Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., and American Telephone and Telegraph Company, GE Communications & Services, Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., and American Telephone and Telegraph Company, Cox Enterprises, Inc., Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., Dialog Information Services, Inc., Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., Association of North American Directory Publishers, Inc., Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., Alarm Industry Communications Committee, Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., West Publishing Company, Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., LO-AD Communications of California, Inc., and LO-AD Communications of Nevada, Inc., Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., McGraw-Hill, Inc., Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., Mead Data Central, Inc., Appellants. UNITED STATES of America v. WESTERN ELECTRIC COMPANY, INC., et al., Commerce Clearing House, Inc., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided May 28, 1993.


Attorney(s) appearing for the Case

Chester T. Kamin, with whom Bruce J. Ennis, Jr., Michael H. Salsbury, Richard E. Wiley, Michael Yourshaw, William B. Baker, H. Barton Farr, III, and Richard G. Taranto, were on the joint brief, for appellants. Barbara L. Waite, Michael A. Jacobs, Ann J. LaFrance, Andrew D. Lipman, Richard M. Ridler, Jonathan W. Cuneo, Howard D. Polsky, Sue D. Blumenfeld, Robert P. Reznick, Werner K. Hartenberger, Laura H. Phillips, Alexander Humphrey, Robert J. Butler, Roy L. Morris, Joseph P. Markoski, W. Terry Maguire, Brenda L. Fox, Randolph J. May, Gene Kimmelman, and Henry L. Baumann, also entered appearances for appellants.

Peter G. Wolfe, entered an appearance for Public Service Com'n of the District of Columbia.

Frank W. Lloyd, III, entered an appearance for intervenor Leghorn Telepublishing Co.

John Glynn, Gary L. Lieber and Robert L. Duston, entered appearances for intervenor Maryland People's Counsel.

Nancy C. Garrison, Atty., Dept. of Justice, with whom Catherine G. O'Sullivan, Atty., Dept. of Justice, was on the brief, for appellee U.S.

Laurence H. Tribe, with whom Stephen M. Shapiro, Michael K. Kellogg, Walter H. Alford, Mark K. Hallenbeck, Richard W. Odgers, Margaret deb. Brown, Jeffrey S. Bork, John Thorne, Raymond F. Burke, Gerald E. Murray, James D. Ellis, Liam S. Coonan, Ann E. Meuleman, and Martin E. Grambrow, were on the brief, for appellees Bell Operating Companies.

Phillip D. Mink, entered an appearance for intervenor Action for Children's Television and Citizens for a Sound Economy Foundation.

Herbert E. Marks and James L. Casserly, entered appearances for intervenor Independent Data Communication Mfrs. Ass'n, Inc.

David W. Carpenter, entered an appearance for intervenor American Tel. & Tel. Co.

John W. Pettit and Thomas K. Crowe, entered appearances for intervenor Tandy Corp.

Laurence H. Tribe and Michael K. Kellogg, entered appearances for intervenor Ameritech, Bell Atlantic, BellSouth Corp., NYNEX Corp., Pacific Telesis Group, Southwestern Bell and US WEST, Inc.

Kathleen F. O'Reilly, entered an appearance for intervenor Wisconsin Citizens' Utility Bd. and Toward Utility Rate Normalization.

Phillip D. Mink, was on the brief for intervenor and amicus curiae Regional Telephone Co.

Robert Abrams, John R. Perkins, Robert T. Stephen and Thomas Udall, were on the brief, for amicus curiae Twenty-Seven States.

Robert L. Pettit, Gen. Counsel, Renee Licht, Deputy Gen. Counsel, and John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., were on the brief, for amicus curiae F.C.C.

Martin T. McCue, Gen. Counsel and Rodney L. Joyce, U.S. Telephone Ass'n, were on the brief, for amicus curiae U.S. Telephone Ass'n.

James B. Gainer, Asst. Atty. Gen., entered an appearance for amicus curiae Public Utilities Com'n of Ohio, State of Ohio, Illinois Commerce Com'n, and State of Ill.

Steven M. Schur, Gen. Counsel and Michael S. Varda, Legal Counsel, Public Service Com'n of Wisconsin, entered appearances for amicus curiae Public Service Com'n of Wisconsin and State of Wis.

L. Andrew Tollin, entered an appearance for amicus curiae Media Institute.

Bruce J. Weston and David C. Bergmann, entered appearances for amicus curiae Nat. Ass'n of State Utility Consumer Advocates and Office of the Consumers' Counsel State of Ohio.

Before: BUCKLEY, WILLIAMS and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

When the government and AT & T settled the government's antitrust suit against AT & T, the Department of Justice pledged to report to the district court every three years as to whether there was a continuing need for the "line of business" restrictions that the settlement decree, the "Modified Final Judgment", imposed on the Bell operating companies...

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