Nos. 00-2087/2173 MICHIGAN BELL TELEPHONE COMPANY, d/b/a Ameritech Michigan, Plaintiff-Appellant/Cross-Appellee,
v.
John ENGLER, in his Official Capacity as Governor of the State of Michigan; David A. Svanda, in his Official Capacity as Commissioner of the Michigan Public Service Commission; Robert B. Nelson, in his Official Capacity as Commissioner of the Michigan Public Service Commission; John G. Strand, in his Official Capacity as Chairman of the Michigan Public Service Commission, Defendants-Appellees/Cross-Appellants. Nos. 00-2088/2174
Verizon North Incorporated and Contel of the South, Incorporated, d/b/a GTE Systems of Michigan, Plaintiffs-Appellants/Cross-Appellees,
v.
John Engler, in his Official Capacity as Governor of the State of Michigan; David A. Svanda, in his Official Capacity as Commissioner of the Michigan Public Service Commission; Robert B. Nelson, in his Official Capacity as Commissioner of the Michigan Public Service Commission; John G. Strand, in his Official Capacity as Chairman of the Michigan Public Service Commission; Jennifer M. Granholm, in her Official Capacity as Attorney General of the State of Michigan (00-2174), Defendants-Appellees/Cross-Appellants.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued: May 4, 2001.
Decided and Filed: July 13, 2001.
Attorney(s) appearing for the Case
Jeffery V. Stuckey (briefed), Peter H. Ellsworth (briefed), Dickinson, Wright, Moon, Van Dusen & Freeman, Lansing, MI, Michael G. Vartanian, Dickinson, Wright, Moon, Van Dusen & Freeman, Detroit, MI, Sean A. Lev (briefed), Mark Lewis Evans (briefed) Michael K. Kellogg (argued and briefed), Kellogg, Huber, Hansen, Todd & Evans, Washington, DC, for Michigan Bell Telephone Co.
David A. Voges (argued and briefed), Asst. Atty. Gen., Patricia S. Barone (briefed), Atty. Gen., Public Service Div., Lansing, MI, for John Engler, David A. Svanda, Robert B. Nelson and John G. Strand.
Robert J. Franzinger, Dykema Gossett, Detroit, MI, for Worldcom, Inc.
Roderick S. Coy (briefed), Thomas E. Maier (briefed), Clark Hill PLC, Okemos, MI, for American Association of Retired Persons.
Patrick F. Philbin (argued and briefed), Andrew B. Clubok (briefed), Matthew T. Henderson (briefed), Kirkland & Ellis, Washington, DC, Seth D. Gould, Feeney, Kellett, Wienner & Bush, Bloomfield Hills, MI, for Verizon North Inc.
Seth D. Gould, Feeney, Kellett, Wienner & Bush, Bloomfield Hills, MI, for Contel of the South, Inc.
Before: JONES and DAUGHTREY, Circuit Judges; ECONOMUS, District Judge.
United States Court of Appeals, Sixth Circuit.
Pursuant to Sixth Circuit Rule 206
OPINION
PETER C. ECONOMUS, District Judge.
Plaintiffs, Michigan Bell Telephone Company, d/b/a Ameritech Michigan and Verizon North, Incorporated (collectively "plaintiffs"), appeal the district court's order denying their request for a preliminary injunction of § 310(7) of the Michigan Telecommunications Act of 2000 ("MTA"). MTA § 310(7) abolished a fee imposed upon customers known as the end user common...
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