SOUTHWESTERN BELL TELPHONE CO v. WALLER CREEK COMMUNICATIONS

No. 99-50752.

221 F.3d 812 (2000)

SOUTHWESTERN BELL TELPHONE COMPANY, Plaintiff-Appellant, v. WALLER CREEK COMMUNICTIONS, INC.; Public Utility Commission of Texas; Pat Wood, III; Judy Walsh; Brett A. Perlman, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 21, 2000.


Attorney(s) appearing for the Case

Robert J. Hearon, Jr., Michael Lee Diehl (argued), Graves, Dougherty, Hearon & Moody, Austin, TX, for Plaintiff-Appellant.

Russell M. Blau (argued), Robert V. Zener, Swidler, Berlin, Shereff, Friedman, Washington, DC, for Waller Creek Communications, Inc.

Elizabeth R.B. Sterling (argued), Natural Resources Div., Austin, TX, for Public Utility Com'n of Texas, Wood, Walsh, Curran and Perlman.

Before REAVLEY, DAVIS and BARKSDALE, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Southwestern Bell Telephone ("SWBT") appeals from the district court's order affirming the Texas Public Utilities Commission's ("PUC") approval of an arbitrated interconnection agreement between SWBT and Waller Creek Communications, Inc. ("Waller"). SWBT contends that the PUC erred in allowing Waller to adopt selected provisions from a prior SWBT agreement with AT&T without further negotiation, while at the same time allowing Waller...

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