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AMERICAN MESSAGE CENTERS v. F.C.C.

No. 93-1549.

50 F.3d 35 (1995)

AMERICAN MESSAGE CENTERS, Petitioner, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents, Sprint Communications Company, L.P., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 28, 1995.

As Amended March 28, 1995.

Rehearing Denied June 7, 1995.

Attorney(s) appearing for the Case

Russell D. Lukas, Washington, DC, argued the cause and filed the briefs, for petitioner.

Laurel R. Bergold, Atty., F.C.C., Washington, DC, argued the cause, for respondents. With her on the briefs were Daniel M. Armstrong, Associate Gen. Counsel, John E. Ingle and William E. Kennard, Attys., F.C.C., Anne K. Bingaman, Asst. Atty. Gen., Catherine G. O'Sullivan, Atty., U.S. Dept. of Justice, Washington, DC. James M. Carr and Renee Licht, Attys., F.C.C., and Marion L. Jetton, Atty., U.S. Dept. of Justice, Washington, DC, entered appearances, for respondents.

Michael B. Fingerhut and Leon M. Kestenbaum, Washington, DC, were on the brief, for intervenor. Richard E. Wiley and Ray M. Senkowski, Washington, DC, entered appearances, for intervenor.

Before: SILBERMAN, HENDERSON, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

American Message Centers (AMC), a consumer of long distance telecommunications services, petitions for review of the Federal Communications Commission's order denying its complaint against intervenor Sprint Communications Company concerning Sprint's refusal to forgive charges arising from fraudulent calls made by computer hackers. Because the Commission's determination that Sprint's...

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