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MICHIGAN BELL TELEPHONE CO. v. STRAND

No. 00-1349.

305 F.3d 580 (2002)

MICHIGAN BELL TELEPHONE CO. d/b/a Ameritech Michigan, Plaintiff-Appellant, v. John G. STRAND and David A. Svanda, Commissioners of the Michigan Public Service Commission, in their official capacities, and BRE Communications, LLC, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 30, 2002.

Attorney(s) appearing for the Case

John E. Muench (briefed), Theodore A. Livingston (briefed), Dennis G. Friedman, Demetrios G. Metropoulos (argued and briefed), Mayer, Brown, Rowe & Maw, Chicago, IL, Jeffrey V. Stuckey (briefed), Michael G. Vartanian (briefed), Dickinson, Wright PLLC, Lansing, MI, for Plaintiff-Appellant.

David A. Voges, Asst. Atty. Gen., Michael A. Nickerson (argued), Office of the Atty. Gen., Public Service Div., Lansing, MI, William Reid Ralls (briefed), Leland R. Rosier (briefed), Clark Hill PLC, Okemos, MI, Bradley R. Kruse (briefed), David R. Conn (argued), McLeodusa Inc., Cedar Rapids, IA, for Defendants-Appellees.

Before BOGGS, DAUGHTREY, and FARRIS, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

Ameritech Michigan appeals from the district court's judgment holding that the Michigan Public Service Commission did not reach a result contrary to federal law when it ordered Ameritech not to impose on BRE special construction charges associated with unbundling or conditioning certain local telephone loops, and found that Ameritech's attempt to do so constituted unlawful discrimination. Ameritech has not carried its burden...

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