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ESCHELON TELECOM, INC. v. FEDERAL COMMUNICATIONS COMMISSION

No. 03-3212.

345 F.3d 682 (2003)

Eschelon Telecom, Inc., Petitioner v. Federal Communications Commission; United States of America, Respondents

United States Court of Appeals, Eighth Circuit.

Filed: September 30, 2003

Attorney(s) appearing for the Case

John J. Oxley, Dennis D. Ahlers, Eschelon Telecom, Inc., Office of the General Counsel, Minneapolis, MN, for Petitioner.

John Rogovin, Federal Communications Commission, Office of General Counsel, Catherine G. O'Sullivan, Nancy C. Garrison, U.S. Department of Justice, Antitrust Division, Appellate Section, John Ashcroft, Attorney General, Washington, DC, Respondents.

Before RILEY, BOWMAN and MELLOY, Circuit Judges.

ORDER

PER CURIAM.

The consolidated cases before us concern a review of a Federal Communications Commission ("FCC") order, Report and Order and Order on Remand and Further Notice of Proposed Rulemaking ("Order on Remand"). The Order on Remand represents the FCC's third attempt to craft a decision that comports with the Telecommunications Act of 1996, 47 U.S.C. § 151 et seq., the previous order being vacated and remanded by the D.C. Circuit. United...

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