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MCI WORLDCOM COMMUNICATIONS, INC. v. DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY

442 Mass. 103 (2004)

MCI WORLDCOM COMMUNICATIONS, INC., & another v. DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY & another.

Supreme Court of Massachusetts, Suffolk.

June 21, 2004.

Attorney(s) appearing for the Case

William J. Rooney, Jr. (Jeffrey C. Melick with him) for Global NAPs, Inc.

Daniel J. Hammond, Assistant Attorney General, for Department of Telecommunications and Energy.

Scott Angstreich (Keefe B. Clemons with him) for Verizon New England, Inc.

Eric J. Krathwohl, James T. Finnigan, & Michael Tenore, for RNK, Inc., amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

COWIN, J.

On December 20, 2002, the Department of Telecommunications and Energy (department), pursuant to a remand order of the Federal District Court, see Global NAPs, Inc. v. New England Tel. & Tel. Co., 226 F.Supp.2d 279, 281 (D. Mass. 2002) (Global NAPs),4 conducted a "contract analysis" of an "interconnection agreement" between MCI WorldCom Communications (MCI) and...

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