BELL ATLANTIC MARYLAND v. MCI WORLDCOM

Nos. 99-2459, 99-2616.

240 F.3d 279 (2001)

BELL ATLANTIC MARYLAND, INCORPORATED, Plaintiff-Appellant, v. MCI WORLDCOM, INCORPORATED; American Communications Services Of Maryland, Incorporated; RCN Telecom Services of Maryland, Incorporated; Starpower Communications, LLC; TCG-Maryland; MCI Metro Access Transmission Services, Incorporated; The Public Service Commission of Maryland; Glenn F. Ivey, in his official capacity as Chairman of the Public Service Commission of Maryland; Claude M. Ligon, in his official capacity as Commissioner of the Public Service Commission of Maryland; E. Mason Hendrickson, in his official capacity as Commissioner of the Public Service Commission of Maryland; Susan Brogan, in her official capacity as Commissioner of the Public Service Commission of Maryland; Catherine I. Riley, in her official capacity as Commissioner of the Public Service Commission of Maryland, Defendants-Appellees, United States of America, Intervenor/Defendant-Appellee, Maryland Office of People's Counsel, Defendant. Bell Atlantic Maryland, Incorporated, Plaintiff, and United States of America, Intervenor/Defendant-Appellant, v. The Public Service Commission of Maryland; Glenn F. Ivey, in his official capacity as Chairman of the Public Service Commission of Maryland; Claude M. Ligon, in his official capacity as Commissioner of the Public Service Commission of Maryland; E. Mason Hendrickson, in his official capacity as Commissioner of the Public Service Commission of Maryland; Susan Brogan, in her official capacity as Commissioner of the Public Service Commission of Maryland; Catherine I. Riley, in her official capacity as Commissioner of the Public Service Commission of Maryland, Defendants-Appellees, and American Communications Services of Maryland, Incorporated; RCN Telecom Services of Maryland, Incorporated; Starpower Communications, LLC; TCG-Maryland; MCI Metro Access Transmission Services, Incorporated; Maryland Office of People's Counsel; MCI Worldcom, Incorporated, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: February 14, 2001.


Attorney(s) appearing for the Case

ARGUED: Sean Abram Lev, Kellogg, Huber, Hansen, Todd & Evans, P.L.L.C., Washington, D.C.; Mark Bernard Stern, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Appellants. Susan Stevens Miller, General, Public Service Commission of Maryland, Baltimore, MD, for Appellees. ON BRIEF: Mark L. Evans, Aaron M. Panner, Kellogg, Huber, Hansen, Todd & Evans, P.L.L.C., Washington, DC; James P. Garland, Miles & Stockbridge, P.C., Baltimore, MD; David K. Hall, Vice President & General, Bell Atlantic-Maryland, Inc., Baltimore, MD; William Schultz, Acting Assistant Attorney General, Lynne A. Battaglia, United States Attorney, Christopher J. Wright, General, John E. Ingle, Deputy Associate General, Susan L. Launer, Deputy Associate General, Charles W. Scarborough, Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, for Appellants.

Paul M. Smith, Darryl M. Bradford, John R. Harrington, Daniel J. Weiss, Jenner & Block, Chicago, IL; Adam H. Charnes, Mark B. Ehrlich, MCI Worldcom, Inc., Washington, DC; David L. Lawson, Michael D. Warden, Stephen B. Kinnaird, Sidley & Austin, Washington, DC; Matthew W. Naden, Kelly Culp Hoelzer, Ober, Kaler, Grimes & Shriver, P.C., Baltimore, MD; Michael A. McRae, AT & T, Oakton, VA; Glen K. Allen, Carville B. Collins, Piper, Marbury, Rudnick & Wolfe, Baltimore, MD; James C. Falvey, E. Spire Communications, Inc., Annapolis Junction, MD, for Appellees.

Before WIDENER, NIEMEYER, and KING, Circuit Judges.


Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WIDENER joined. Judge KING wrote a dissenting opinion.

OPINION

NIEMEYER, Circuit Judge:

Seeking review of a decision made by the Maryland Public Service Commission on reciprocal-compensation rights under telecommunications interconnection agreements within its jurisdiction, Bell Atlantic Maryland, Inc. ("Bell Atlantic") filed this action in federal court against the commission...

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