BELLSOUTH TELECOMMUNICATIONS, INCORPORATED, Plaintiff-Appellee,
United States of America; Federal Communications Commission, Intervenors,
v.
NORTH CAROLINA UTILITIES COMMISSION, Defendant-Appellant, and
US LEC of North Carolina, LLC, Defendant.
BellSouth Telecommunications, Incorporated, Plaintiff-Appellee,
United States of America; Federal Communications Commission, Intervenors,
v.
North Carolina Utilities Commission, Defendant-Appellant, and
Intermedia Communications, Defendant.
Bellsouth Telecommunications, Incorporated, Plaintiff-Appellee,
v.
North Carolina Utilities Commission, Defendant-Appellant,
MCIMetro Access Transmission Services, Incorporated, Defendant-Appellee,
United States of America; Federal Communications Commission, Intervenors.
BellSouth Telecommunications, Incorporated, Plaintiff-Appellee,
UNITED STATES of America; Federal Communications Commission, Intervenors,
v.
Us Lec of North Carolina, LLC, Defendant-Appellant, and
North Carolina Utilities Commission, Defendant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: May 1, 2000.
Decided: February 14, 2001.
Amended: February 21, 2001.
Attorney(s) appearing for the Case
ARGUED: James Carey Gulick, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, NC; Joseph W. Eason, Sr., Moore & Van Allen, P.L.L.C., Raleigh, NC, for Appellants.
Darryl Mark Bradford, Jenner & Block, Chicago, IL; Michael K. Kellogg, Kellogg, Huber, Hansen, Todd & Evans, P.L.L.C., Washington, DC, for Appellees.
Mark Bernard Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Intervenors.
ON BRIEF: Michael F. Easley, North Carolina Attorney General, North Carolina Department of Justice, Raleigh, NC, for Appellant Utilities Commission. Martin H. Brinkley, Moore & Van Allen, P.L.L.C., Raleigh, NC; James P. McLoughlin, Jr., Moore & Van Allen, P.L.L.C., Charlotte, NC, for Appellant US LEC. Paul M. Smith, John J. Hamill, John R. Harrington, Jenner & Block, Chicago, Illinois; Thomas F. O'Neil, III, Adam H. Charnes, Mark B. Ehrlich, MCI Worldcom, Inc., Washington, DC, for Appellee MCI Metro. Sean A. Lev, Kellogg, Huber, Hansen, Todd & Evans, P.L.L.C., Washington, DC; Edward L. Rankin, III, Andrew
Dean Shore, Bellsouth Telecommunications, Inc., for Appellee BellSouth. William Schultz, Acting Assistant Attorney General, Mark T. Calloway, United States Attorney, Christopher J. Wright, General Counsel, John E. Ingle, Deputy Associate General Counsel, Susan L. Launer, Deputy Associate General Counsel, Charles W. Scarborough, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Intervenors.
Before WIDENER, NIEMEYER, and KING, Circuit Judges.
United States Court of Appeals, Fourth Circuit.
Vacated and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WIDENER joined. Judge KING wrote a dissenting opinion.
OPINION
NIEMEYER, Circuit Judge:
BellSouth Telecommunications, Inc., the incumbent local telephone company in North Carolina, filed these three actions, seeking to review decisions of the North Carolina Utilities Commission (the "NCUC") that required BellSouth...
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