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MICHIGAN BELL TELEPHONE CO. v. CLIMAX TELEPHONE CO.

No. 98-1315.

186 F.3d 726 (1999)

MICHIGAN BELL TELEPHONE COMPANY, d/b/a Ameritech Michigan, Plaintiff-Appellee, v. CLIMAX TELEPHONE COMPANY, Defendant, John G. Strand, John C. Shea, and David A. Svanda, Commissioners of the Michigan Public Service Commission (In Their Official Capacities and not as Individuals), Defendants-Appellants, United States of America, Federal Communications Commission, Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided July 28, 1999.

Attorney(s) appearing for the Case

Robert M. Dow, Jr. (briefed), John E. Muench (argued and briefed), Theodore A. Livingston (briefed), Mayer, Brown & Platt, Chicago, IL; Jeffrey V. Stuckey (briefed), Joseph A. Fink (briefed), John M. Dempsey (briefed), Edward R. Becker (briefed), Dickinson, Wright, Moon, Van Dusen & Freeman, Lansing, MI, for Plaintiff-Appellee.

Harvey J. Messing, Gary L. Field, Loomis, Ewert, Parsley, Davis & Gotting, Lansing, MI, for Defendant.

David A. Voges (argued and briefed), Asst. Attorney Gen., Henry J. Boynton, Asst. Attorney Gen., Office of the Attorney General Public Service Division, Lansing, MI; Steven D. Hughey, Donald L. Keskey, Asst. Attorney Gen., David M. Gadaleto (briefed), Public Service Division, Michigan Attorney General, Lansing, MI, for Defendants-Appellants.

Mark B. Stern (briefed), Susan Pacholski (argued and briefed), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Intervenors.

Before: JONES, BOGGS, and COLE, Circuit Judges.

BOGGS, J., delivered the opinion of the court, in which JONES, J., joined. COLE, J. (p. 733), delivered a separate opinion concurring in part and dissenting in part.

BOGGS, Circuit Judge.

Climax Telephone Company expanded its local exchange service into the service territory of Michigan Bell Telephone Company, d/b/a/ Ameritech Michigan ("Ameritech"). Climax petitioned the Michigan Public Service Commission (the "PSC") for arbitration of the terms, conditions...

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