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MICHIGAN BELL TELEPHONE v. CLIMAX TELEPHONE

No. 98-1315.

202 F.3d 862 (2000)

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 January 18, 2000.

As Amended on Denial of Rehearing and Rehearing February 16, 2000.

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, 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. Atty. Gen., Henry J. Boynton, Asst. Atty. Gen., Lansing, MI, Steven D. Hughey, Donald L. Keskey, Asst. Atty. Gen., David M. Gadaleto (briefed), Michigan Atty. Gen., Lansing, MI, for Defendants-Appellants.

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

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

As Amended on Denial of Rehearing and Rehearing En Banc February 16, 2000.

BOGGS, J., delivered the opinion of the court, in which JONES, J., joined. COLE, J. (pp. 868-69), delivered a separate opinion concurring in part and dissenting in part.

AMENDED OPINION

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...

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