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PHILLIPS v. LCI INTERN., INC.

No. 98-2572.

190 F.3d 609 (1999)

Lionel PHILLIPS, on behalf of himself and all others similarly situated, Plaintiff-Appellant, v. LCI INTERNATIONAL, INCORPORATED; H. Brian Thompson, Defendants-Appellees, Securities & Exchange Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided: September 15, 1999.

Attorney(s) appearing for the Case

ARGUED: Douglas Michael Palais, MEZZULLO & MCCANDLISH, P.C., Richmond, Virginia, for Appellant. Walter Estes Dellinger, III, O'MELVENY & MYERS, L.L.P., Washington, D.C., for Appellees. ON BRIEF: Frederic S. Fox, Christine M. Comas, KAPLAN, KILSHEIMER & FOX, L.L.P., New York, New York; Andrew N. Friedman, Lyn M. Rahilly, COHEN, MILSTEIN, HAUSFELD & TOLL, P.L.L.C., Washington, D.C., for Appellant. Martin Glenn, Achilles M. Perry, O'MELVENY & MYERS, L.L.P., New York, New York; Michael J. Chepiga, David B. Smallman, Felecia L. Stern, SIMPSON, THACHER & BARTLETT, New York, New York, for Appellees. Harvey J. Goldschmid, General, David M. Becker, Deputy General, Eric Summergrad, Principal Assistant General, Nathan A. Forrester, Attorney Fellow, SECURITIES & EXCHANGE COMMISSION, Washington, D.C., for Amicus Curiae.

Before WIDENER and MOTZ, Circuit Judges, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Widener and Judge Howard joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

As of February, 1998, LCI International was the nation's seventh largest long-distance telecommunications company, providing voice and data transmission services to residential and business customers. LCI had a major customer base, operating system, and sales force, but lacked a substantial transmission...

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