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SOUTHWESTERN BELL v. PUBLIC UTILITIES COM'N

No. 03-50107.

348 F.3d 482 (2003)

SOUTHWESTERN BELL TELEPHONE CO., Plaintiff-Counter-Defendant-Appellant, v. PUBLIC UTILITIES COMMISSION OF TEXAS; Paul Hudson, Commissioner of the Public Utility Commission of Texas; Rebecca Armendariz Klein, Chairman of the Public Utility Commission of Texas; Julie Parsley, Commissioner of the Public Utility Commission of Texas, Defendants-Appellees, and AT&T Communications of Texas, LP, AT&T Communications of Texas, Inc., also known as AT&T Communications; TCG Dallas; Teleport Communications of Houston, Inc., Defendants-Counter-Claimants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 19, 2003.

Attorney(s) appearing for the Case

David John Schenck (argued), Robert Edwin Davis, David Lawrence Horan, Hughes & Luce, Dallas, TX, Thomas J. Horn, SBC Communications, Austin, TX, for Southwestern Bell Tel. Co.

Elizabeth R.B. Sterling, Asst. Atty. Gen. (argued), Austin, TX, for Public Utility Com'n of Texas, Hudson, Klein and Parsley.

Thomas K. Anson (argued), Strasburger & Price, Austin, TX, for AT&T Communications of Texas LP, TCG Dallas and Teleport Communications of Houston, Inc.

Before BARKSDALE, DeMOSS and BENAVIDES, Circuit Judges.

DeMOSS, Circuit Judge:

Plaintiff-Appellant and Counter-Defendant, Southwestern Bell Telephone Company ("Southwestern Bell") prevailed over AT&T Communications of Texas, L.P., TCG Dallas, and Teleport Communications of Houston, Inc. (collectively "AT&T"), Defendants and Counter-Plaintiffs and Cross-Appellees, in an arbitration conducted by the Public Utility Commission of Texas ("PUC") and the Commissioners of the PUC, Defendants and Cross-Appellees. The arbitration...

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