MCI TELECOMMUNICATIONS CORPORATION, et al., Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents,
Pacific Bell, et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 11, 1995.
Decided August 1, 1995.
Attorney(s) appearing for the Case
Robert J. Aamoth, Washington, DC, argued the cause for MCI Telecommunications Corp. and the other Interexchange Carrier Petitioners. With him on the briefs were Frank W. Krogh, Donald J. Elardo, Roy L. Morris, Michael B. Fingerhut, and Genevieve Morelli, Washington, DC. Leon M. Kestenbaum, Washington, DC, entered an appearance.
Mark L. Evans, Washington, DC, argued the cause for the Local Exchange Carrier Petitioners and Intervenors. With him on the briefs were Alan I. Horowitz, M. Robert Sutherland, Joseph Di Bella, James P. Tuthill, John W. Bogy, James L. Wurtz, Durward D. Dupre, Paul Walters, Robert B. McKenna, Alan Y. Naftalin, Charles R. Naftalin, Gerard J. Duffy, and Francis E. Fletcher, Jr. Richard C. Hartgrove, Robert S. Lynch, William B. Barfield, Benjamin H. Dickens, Jr., Alfred W. Whittaker, Floyd S. Keene, Curtis A. Bradley, Jr., E. Edward Bruce, Eugene D. Gulland and Margaret D. Brown, Washington, DC, entered appearances.
Douglas E. Hart, Cincinnati, OH, argued the cause for Cincinnati Bell Telephone Co. With him on the briefs was Thomas E. Taylor. Lisa A. Thornton, Cincinnati, OH, entered an appearance.
Laurel R. Bergold, Counsel, F.C.C., argued the cause, Washington, DC, for respondents. With her on the briefs were Anne K. Bingaman, Asst. Atty. Gen., Catherine G. O'Sullivan and Robert J. Wiggers, Attys., U.S. Dept. of Justice, William E. Kennard, Gen. Counsel, Daniel M. Armstrong, Associate Gen. Counsel, and John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., Washington, DC.
Peter D. Keisler, Washington, DC, argued the cause for Interexchange Carrier Intervenors. With him on the briefs were Andrew D. Lipman, Ky E.B. Kirby, Mark C. Rosenblum and Robert J. McKee. Marc E. Manly, John R. Ferguson, John Thorne, Lawrence W. Katz and Michael D. Lowe, Washington, DC, entered appearances.
Before: EDWARDS, Chief Judge; WALD and GINSBURG, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge GINSBURG.
GINSBURG, Circuit Judge:
In these consolidated cases, we review 21 orders of the Federal Communications Commission adjudicating damage actions filed by several interexchange carriers (IXCs) alleging that various local exchange carriers (LECs) overcharged them for interstate access services. The LECs ask us to set aside the 21 orders on the ground that the Commission's approach to awarding damages is unlawful...
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