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MCI TELECOMMUNICATIONS CORPORATION v. DEPARTMENT OF TELECOMMUNICATIONS & ENERGY

435 Mass. 144 (2001)

MCI TELECOMMUNICATIONS CORPORATION v. DEPARTMENT OF TELECOMMUNICATIONS & ENERGY; NEW ENGLAND TELEPHONE & TELEGRAPH COMPANY, intervener.

Supreme Judicial Court of Massachusetts, Suffolk.

September 26, 2001.

Attorney(s) appearing for the Case

Matthew B. Pachman, of the District of Columbia (Mark A. Berthiaume with him) for the plaintiff.

Daniel J. Hammond, Assistant Attorney General, for the defendant.

Barbara Anne Sousa for the intervener.

Present: MARSHALL, C.J., GREANEY, IRELAND, COWIN, SOSMAN, & CORDY, JJ.

SOSMAN, J.

MCI Telecommunications Corporation (MCI) filed the present petition before a single justice of this court pursuant to G. L. c. 25, § 5, seeking to set aside the final decision, order, and rulings (decision) of the Department of Telecommunications and Energy (department) approving the rate filing of New England Telephone and Telegraph Company, doing business as Bell Atlantic-Massachusetts (Bell Atlantic). Specifically, MCI

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