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BROWN v. MCI WORLDCOM NETWORK SERVICES, INC.

No. 00-56171.

277 F.3d 1166 (2002)

William J. BROWN, III, On behalf of himself and all others similarly situated, and on behalf of the general public, Plaintiff-Appellant, v. MCI WORLDCOM NETWORK SERVICES, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 17, 2002.

Attorney(s) appearing for the Case

Michael Padilla, O'Mara & Padilla, San Diego, California, for plaintiff-appellant William J. Brown.

Jeffrey A. Rosenfeld, Daniel J. Schultz, Antony E. Buchignani, Piper Marbury Rudnick & Wolfe LLP, Los Angeles, California; Thomas F. O'Neil III, David T. Smorodin, MCI WorldCom, Inc., Washington, DC, for defendant-appellee MCI WorldCom Network Services, Inc.

Before: THOMAS G. NELSON and WILLIAM A. FLETCHER, Circuit Judges, and ANN L. AIKEN, District Judge.

Argued and Submitted December 7, 2001 — Pasadena, California.

OPINION

WILLIAM A. FLETCHER, Circuit Judge:

William Brown appeals the district court's dismissal of his class-action complaint alleging overcharging by telephone service provider MCI WorldCom, Inc. (MCI). The district court held that Brown's suit was barred by the filed-rate doctrine. The district court further held that Brown's claim must be resolved in the first instance by the...

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