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GTE NORTH, INC. v. STRAND

No. 98-1851.

209 F.3d 909 (2000)

GTE NORTH, INC., Plaintiff-Appellant, v. John G. STRAND, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 20, 2000.

Attorney(s) appearing for the Case

Steven G. Bradbury, Patrick F. Philbin (argued and briefed), Gerald Masoudi, Kirkland & Ellis, Washington, DC, for Plaintiff-Appellant.

David A. Voges, Asst. Attorney Gen. (argued), Henry J. Boynton, Asst. Attorney Gen. (briefed), Office of the Attorney General, Public Service Division, Lansing, MI, for Defendants-Appellees.

Mark B. Stern (briefed), Charles W. Scarborough (argued and briefed), U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Intervenor.

Stephen F. Smith (briefed), David L. Lawson (briefed), Peter D. Keisler (briefed), Sidley & Austin, Washington, DC, for Amicus Curiae.

Before: BOGGS and NORRIS, Circuit Judges; and FEIKENS, District Judge.

OPINION

BOGGS, Circuit Judge.

GTE North, Inc. (GTE), an incumbent local telecommunications carrier in Michigan, sued the defendants, members of the Michigan Public Service Commission (MPSC or the Commission), under the Federal Telecommunications Act of 1996 (FTA or the Act) after the Commission issued an opinion and order directing GTE to (1) publish tariffs in which GTE would offer to sell elements of its telecommunications network at rates predetermined...

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