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MCI WORLDCOM NETWORK v. OSP CONSULTANTS

Record No. 030312.

585 S.E.2d 540 (2003)

266 Va. 389

MCI WORLDCOM NETWORK SERVICES, INCORPORATED v. OSP CONSULTANTS, INCORPORATED.

Supreme Court of Virginia.

September 12, 2003.

Attorney(s) appearing for the Case

James J. Proszek, Tulsa, OK (John J. McDermott, Washington, DC, Anthony J. Jorgenson, Tulsa, OK, Caroline E. Petro, Washington, DC; David Smorodin, V. Nicole Bynum; Hall, Estill, Hardwick, Gable, Golden & Nelson, Tulsa, OK; Piper, Marbury, Rudnick & Wolfe, Washington, DC; WorldCom, Inc., on briefs), for appellant.

John P. Lavelle, Jr. (Harvey B. Dikter, Philadelphia, PA; Jeffrey R. DeCaro, Lanham, MD; Mary-Lee Miller; Sally M. Williams, Philadelphia, PA; Infrasource, Inc.; DeCaro, Doran, Siciliano, Gallagher & DeBlasis, Lanham, MD; Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, on brief), for appellee.

Present: HASSELL, C.J., LACY, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and STEPHENSON, Senior Justice.

OPINION BY SENIOR JUSTICE ROSCOE B. STEPHENSON, JR.

Pursuant to Article VI, Section 1 of the Constitution of Virginia and Rule 5:42, the United States Court of Appeals for the Fourth Circuit (the Fourth Circuit), by an order entered February 10, 2003, certified to this Court the following question:

Is a telecommunications services carrier entitled to damages for the loss of use of a fiber-optic cable damaged by a defendant when the carrier intended to have...

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