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PANATRONIC USA v. AT&T CORP.

No. 01-15470.

287 F.3d 840 (2002)

PANATRONIC USA, a California general partnership; Lemar Textile Co., Plaintiffs-Appellants, v. AT&T CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 22, 2002.

Attorney(s) appearing for the Case

Irving Bizar, New York, NY, for the appellants.

Christopher B. Hockett, San Francisco, CA, for the appellee.

Before THOMPSON, W. FLETCHER and BERZON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge.

We must determine whether AT&T's temporary failure to assess a Universal Connectivity Charge ("UCC") on certain customers, while assessing it on others, violated the Federal Communications Act. Panatronic USA and Lemar Textile Co. are AT&T long distance subscribers who were assessed the UCC fee. AT&T delayed assessing the fee on some of its larger customers for several months. According to the plaintiffs, this several...

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