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EVANNS v. AT&T CORP.

No. 99-55165.

229 F.3d 837 (2000)

Joseph R. EVANNS, as an individual and on behalf of all those similarly situated, Plaintiff-Appellant, v. AT&T CORPORATION, a corporation; MCI Corporation, a corporation; Pacific Bell, Inc., a corporation; MCI Telecommunications Corporation, erroneously sued as MCI Corporation; MCI Communications Corporation, erroneously sued as MCI Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 25, 2000.

Attorney(s) appearing for the Case

Egon Mittelmann, Beverly Hills, California, for the plaintiff-appellant.

James D. Gustafson, Claypool, Gustafson & Goostrey, Los Angeles, California; Donald B. Verrilli, Jr., Jenner & Block, Washington, D.C.; and Gleam O. Davis, Pacific Telesis Group Legal Department, for the defendants-appellees.

Before: Thomas G. Nelson, A. Wallace Tashima and Barry G. Silverman, Circuit Judges.

Submitted September 14, 20001 — Pasadena, California

T.G. NELSON, Circuit Judge:

The principal issue to be addressed in this appeal is whether the filed-rate doctrine bars a suit by a consumer challenging a carrier's pass-through of a fee imposed by the Federal Communications Commission.

I.

The Federal Communications Commission ("FCC" or "Commission") requires communication carriers to remit funds to the...

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