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U.S. WEST COMMUNICATIONS v. WASHINGTON UTILITIES

No. 98-36013.

255 F.3d 990 (2001)

U.S. WEST COMMUNICATIONS, INC., a Colorado corporation, Plaintiff-Appellee, v. WASHINGTON UTILITIES AND TRANSPORTATIONS, COMMISSION, an agency organized and existing under the laws of the State of Washington; Anne Levinson, as member of the Washington Utilities and Transportation Commission; Richard Hemstad, as member of the Washington Utilities and Transportation Commission; William S. Gillis, as member of the Washington Utilities and Transportation Commission, Defendants, AT&T Wireless Services, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 3, 2001.

Attorney(s) appearing for the Case

Daniel M. Waggoner and Gregory J. Kopta, Davis Wright Tremaine LLP, Seattle, Washington, for the defendant-appellant.

Michael C. Thompson and Joyce Grant, U.S. West, Inc., Denver, Colorado; Judith A. Endejan, Williams, Kastner & Gibbs PLLC, Seattle, Washington, for the plaintiff-appellee.

Christine O. Gregoire, Attorney General, and Ann E. Rendahl, Assistant Attorney General, Olympia, Washington, for defendants-appellees.

Before: BRIGHT, REINHARDT, and SILVERMAN, Circuit Judges.

BRIGHT, Circuit Judge:

AT&T Wireless Services, Inc. ("AT&T") appeals from the district court's grant of summary judgment affirming the agreement arbitrated by the State of Washington Utilities and Transportation Commission ("the Commission") pursuant to the Telecommunications Act of 1996 ("Act"), 47 U.S.C. §§ 251-61. AT&T contests the agreement provision providing the reciprocal compensation rate for U.S. West Communications, Inc. ("U.S.West...

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