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METRO EAST CENTER v. QWEST COMMUNICATIONS INTERN.

No. 02-1359.

294 F.3d 924 (2002)

METRO EAST CENTER FOR CONDITIONING AND HEALTH, Plaintiff-Appellee, v. QWEST COMMUNICATIONS INTERNATIONAL, INC., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 27, 2002.

Rehearing and Rehearing Denied August 16, 2002.

Attorney(s) appearing for the Case

Douglas R. Sprong (argued), Steven A. Katz, Carr, Korein, Tillery, Kunin, Montroy, Cates, Katz & Glass, Belleville, IL, for plaintiff-appellee.

Scott F. Llewellyn (argued), Brigida Benitez, Wilmer, Cutler & Pickering, Washington, DC, for defendant-appellant.

Before: EASTERBROOK, MANION, and KANNE, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 16, 2002.

EASTERBROOK, Circuit Judge.

When Metro East Center for Conditioning and Health chose a new vendor for local phone service, it neglected to name an interstate carrier, so one was assigned at random—Qwest Communications, which played that role for six months (February through July 2001) before Metro East specified a different carrier. Qwest's tariff on file with the Federal Communications Commission...

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