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MICHIGAN BELL TEL. v. MCIMETRO ACCESS TRANSMISSION

No. 01-1312.

323 F.3d 348 (2003)

MICHIGAN BELL TELEPHONE COMPANY d/b/a Ameritech Michigan, Plaintiff-Appellee, v. MCIMETRO ACCESS TRANSMISSION SERVICES, INC., Defendant-Appellant, John G. Strand; Robert B. Nelson; David A. Svanda, Commissioners of the Michigan Public Service Commission (in their official capacities and not as individuals), Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 10, 2003.

Attorney(s) appearing for the Case

Robert M. Dow, Jr. (argued and briefed), John E. Muench (briefed), Daniel H. Parish, Mayer, Brown, Rowe & Maw, Chicago, IL, Jeffrey V. Stuckey (briefed), Michael G. Vartanian (briefed), Dickinson, Wright, Lansing, MI, for Plaintiff-Appellee.

Darryl M. Bradford (briefed), Andrew M. Spangler, Jr., Daniel J. Weiss, Jenner & Block, Chicago, IL, Brian J. Leske (argued and briefed), Worldcom, Inc., Washington, DC, John R. Harrington (briefed), Jenner & Block, Chicago, IL, for Defendant-Appellant.

David A. Voges, Asst. Atty. Gen., Office of Attorney General Public Service Div., Lansing, MI, for Defendant.

Before MARTIN, Chief Circuit Judge; MOORE, Circuit Judge; WISEMAN, District Judge.

BOYCE F. MARTIN, Jr., C.J., delivered the opinion of the court, in which WISEMAN, D.J., joined. MOORE, J. (pp. 361-366), delivered a separate concurring opinion.

OPINION

BOYCE F. MARTIN, JR., Chief Circuit Judge.

The dispute here between MCIMetro Access Transmission Services, Inc. and Ameritech arose when MCI, a competing entrant into the local telecommunications market in Michigan, tried to submit resale orders to Ameritech, an incumbent telephone...

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