MCI TELECOMMUNICATIONS v. U.S. WEST

Nos. 98-35819, 98-35820 and 98-35822.

204 F.3d 1262 (2000)

MCI TELECOMMUNICATIONS CORPORATION, a Delaware corporation; MCI Metro Access Transmission Services, Inc., Plaintiffs-Appellants, v. U.S. WEST COMMUNICATIONS, a Colorado corporation; The Washington Utilities and Transportation Commission (WUTC); Anne Levinson, Chair; Richard Hemstad; William P. Gillis, in their official capacities as Commissioners of WUTC, Defendants-Appellees. MCI Telecommunications Corporation, a Delaware corporation; MCI Metro Access Transmission Services, Inc., Plaintiffs, v. U.S. West Communications, a Colorado corporation; Defendant-Appellant, The Washington Utilities and Transportation Commission (WUTC); Anne Levinson, Chair; Richard Hemstad; William P. Gillis, in their official capacities as Commissioners of WUTC, Defendants-Appellees. MCI Telecommunications Corporation, a Delaware corporation; MCI Metro Access Transmission Services, Inc., Plaintiffs-Appellees, v. U.S. West Communications, a Colorado corporation; Anne Levinson, Chair; Richard Hemstad; William P. Gillis, in their official capacities as Commissioners of WUTC, Defendants, and The Washington Utilities and Transportation Commission (WUTC), Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed March 2, 2000.


Attorney(s) appearing for the Case

William Single, IV, MCI Telecommunications Corporation, Washington, D.C.; D. Scott Barash, Jenner & Block, Washington, D.C., for the plaintiffs-appellants-cross-appellees.

Sherilyn Peterson and Kirstin S. Dodge, Perkins Coie, Bellevue, Washington; Shannon E. Smith, Assistant Attorney General, Olympia, Washington, for the defendants-appellees-cross-appellants.

Gary Feinerman, Mayer, Brown & Platt, Chicago, Illinois and Susan L. Pacholski, United States Department of Justice, Washington, D.C., for the amici curiae.

Before: GOODWIN, SCHROEDER, and GRABER, Circuit Judges.


SCHROEDER, Circuit Judge:

INTRODUCTION AND STATUTORY BACKGROUND

This is an appeal by U S West Communications, Inc. ("U S West") and a cross-appeal by MCI Telecommunications Corporation ("MCI") from a district court judgment entered after review of a Washington Utilities and Transportation Commission ("WUTC") decision. The WUTC decision approved an agreement between U S West and MCImetro Access Transmission Services, Inc. ("MCImetro"), an MCI affiliate...

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