AT & T COMMUNICATIONS OF THE SOUTHERN STATES, INCORPORATED, Plaintiff-Appellant, and
United States of America; Federal Communications Commission, Intervenors/Plaintiffs,
v.
BELLSOUTH TELECOMMUNICATIONS, INCORPORATED; North Carolina Utilities Commission; Joanne Sanford; Allyson K. Duncan; Ralph A. Hunt; Judy Hunt; William Pittman, The Commissioners of The North Carolina Utilities Commission, in their official capacities; J. Richard Conder, Commissioner of the North Carolina Utilities Commission; Robert V. Owens, Jr., Commissioner of the North Carolina Utilities Commission, Defendants-Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: June 5, 2000.
Decided: October 6, 2000.
Attorney(s) appearing for the Case
ARGUED: Matthew Woodruff Sawchak, James G. Exum, Jr., Peter J. Covington, Corby C. Anderson, Smith, Helms, Mulliss & Moore, L.L.P., Raleigh, North Carolina, for Appellant.
Geoffrey M. Klineberg, Michael K. Kellogg, Kellogg, Huber, Hansen, Todd & Evans, P.L.L.C., Washington, D.C., TODD & EVANS, P.L.L.C., Washington, D.C.; Edward L. Rankin, III, BELLSOUTH TELECOMMUNICATIONS, INC., Charlotte, North Carolina; J. Philip Carver, BELLSOUTH TELECOMMUNICATIONS, INC., Atlanta, Georgia; James P. Cain, Benjamin R. Kuhn, KILPATRICK STOCKTON, L.L.P., Raleigh, North Carolina, for Appellees.
ON BRIEF: James G. Exum, Jr., Peter J. Covington, Corby C. Anderson, Smith, Helms, Mulliss & Moore, L.L.P., Raleigh, North Carolina, for Appellant. Michael K. Kellogg, Kellogg, Huber, Hansen, Todd & Evans, P.L.L.C., Washington, D.C.; Edward L. Rankin, III, Bellsouth Telecommunications, Inc., Charlotte, North Carolina; J. Philip Carver, Bellsouth Telecommunications, Inc., Atlanta, Georgia; James P. Cain, Benjamin R. Kuhn, Kilpatrick Stockton, L.L.P., Raleigh, North Carolina, for Appellees.
Before WIDENER and KING, Circuit Judges, and HERLONG, Jr., United States District Judge for the District of South Carolina, sitting by designation.
United States Court of Appeals, Fourth Circuit.
Remanded by published opinion. Judge KING wrote the opinion, in which Judge WIDENER and Judge HERLONG joined.
OPINION
KING, Circuit Judge:
AT&T Communications of the Southern States, Inc. ("AT&T") has appealed from an order of the Eastern District of North Carolina striking Paragraph 30.5 from its interconnection agreement with BellSouth Telecommunications, Inc. ("BellSouth"). After this appeal was initiated, but before it was argued, the...
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