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CENTRAL OFFICE TEL. v. AMERICAN TEL. AND TEL. CO.

Nos. 94-36116, 94-36156.

108 F.3d 981 (1997)

CENTRAL OFFICE TELEPHONE, INC., Plaintiff-Appellee-Cross-Appellant, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 26, 1997.

Attorney(s) appearing for the Case

Bruce M. Hall, James T. McDermott, Kathryn D. Whittaker, Ball, Janik & Novack, Portland, Oregon, and J. Richard Urrutia, James, Denecke & Harris, Portland, OR, for the plaintiff-appellee-cross-appellant.

David W. Carpenter, Joseph D. Kearney, Sidley & Austin, Chicago, IL, and Milo Petranovich, Lane, Powell, Spears Lubersky, Portland, OR, for the defendant-appellant-cross-appellee.

Before FERGUSON and BRUNETTI, Circuit Judges, and KING, District Judge.

SAMUEL P. KING, District Judge.

American Telephone & Telegraph Company ("AT&T") appeals the judgment of the magistrate judge, following a three-week jury trial, awarding Central Office Telephone, Inc. ("COT") $1.154 million in damages, and denying AT&T's claim for over $1 million in unpaid federally tariffed charges for long distance services, under the Federal Communications Act of 1934, ("Communications Act" or "Act") 47 U.S.C. § 153(h). COT's action...

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