MCI TELECOMMUNICATIONS CORP. v. ILLINOIS COMMERCE COM'N

Nos. 98-2127, 98-2256.

168 F.3d 315 (1999)

MCI TELECOMMUNICATIONS CORPORATION, a Delaware Corporation, and MCI Metro Access Transmission Services, Incorporated, a Delaware Corporation, Plaintiffs-Appellees, and United States of America and Federal Communications Commission, Intervenors-Appellees, v. ILLINOIS COMMERCE COMMISSION, Terry Harvill, Ruth K. Kretschmer, in their official capacities as Commissioners of the IL Commerce Commission, et al., Defendants-Appellants. Illinois Bell Telephone Company, doing business as Ameritech Illinois, Plaintiff-Appellee, and United States of America and Federal Communications Commission, Intervenors-Appellees, v. Terry Harvill, Richard Kolhauser, Ruth K. Kretschmer, in their official capacities as Commissioners of the Illinois Commerce Commission and not as individuals, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 10, 1999.


Attorney(s) appearing for the Case

Darryl M. Bradford, Jenner & Block, Chicago, IL, Paul M. Smith (argued), Jenner & Block, Washington, DC, for Plaintiffs-Appellees MCI Telecommunications Corporation, MCI Metro Access Transmission Services, Incorporated.

John P. Kelliher, Office of the Attorney General, Illinois Commerce Commission, Chicago, IL, for Defendants-Appellants Illinois Commerce Commission, Ruth K. Kretschmer, Richard E. Kolhauser, Brent S. Bohlen in No. 98-2127.

Thomas R. Stanton (argued), Illinois Commerce Commission, Chicago, IL, for Defendants-Appellants Richard Mathias, Terry Harvill.

Mark Stern (argued), Susan L. Pacholski, Department of Justice, Civil Division, Appellate Section, Washington, DC, for Intervenors-Appellees.

Paul M. Smith (argued), Jenner & Block, Washington, DC, Theodore A. Livingston, Mayer, Brown & Platt, Chicago, IL, for Plaintiff-Appellee Illinois Bell Telephone Company, doing business as Ameritech Illinois.

Thomas R. Stanton (argued), Illinois Commerce Commission, Chicago, IL, for Richard Kolhauser, Ruth K. Kretschmer, Brent S. Bohlen in No. 98-2256.

Before RIPPLE, KANNE and DIANE P. WOOD, Circuit Judges.


RIPPLE, Circuit Judge.

The plaintiff telephone companies brought this action against the Illinois Commerce Commission and various individual Commissioners. The companies alleged violations of the Telecommunications Act of 1996 in connection with the defendants' arbitration and approval of the companies' interconnection agreements.1 The defendants now seek review of the district court's denial of their motions to dismiss each case on Eleventh...

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