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CAPITAL NETWORK SYSTEM, INC. v. F.C.C.

No. 92-1640.

28 F.3d 201 (1994)

CAPITAL NETWORK SYSTEM, INC., Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION, et al., Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided July 15, 1994.

Rehearing and Suggestion for Rehearing Denied September 28, 1994.

Attorney(s) appearing for the Case

Randolph J. May, Washington, DC, argued the cause for petitioner. With him on the briefs was Richard S. Whitt. David A. Gross, Washington, DC, entered an appearance.

Carl D. Lawson, Counsel, F.C.C., Washington, DC, argued the cause for respondents. With him on the brief were Renee Licht, Acting Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, F.C.C., John E. Ingle, Deputy Associate Gen. Counsel, Anne K. Bingaman, Asst. Atty. Gen., Catherine G. O'Sullivan and Nancy C. Garrison, Attys., U.S. Dept. of Justice, Washington, DC. Laurel R. Bergold, Counsel, F.C.C., Washington, DC, entered an appearance.

Peter Douglas Keisler, Washington, DC, entered an appearance for intervenor.

Before: MIKVA, Chief Judge, WILLIAMS and SENTELLE, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied September 28, 1994.

Opinion for the Court filed by Chief Judge MIKVA.

Dissenting opinion filed by Circuit Judge WILLIAMS.

MIKVA, Chief Judge:

Capital Network System, Inc. ("Capital") filed an Interstate Common Carrier Transfer Service tariff with the Federal Communications Commission ("FCC" or "Commission") to recover the costs of rerouting long-distance calls that parties charged to "proprietary...

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