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VERIZON DELAWARE, INC. v. AT & T COMMUNICATIONS OF DELAWARE, LLC

No. CIV.A. 03-542-KAJ.

326 F.Supp.2d 574 (2004)

VERIZON DELAWARE, INC., Plaintiff, v. AT & T COMMUNICATIONS OF DELAWARE, LLC; TCG Delaware Valley, Inc.; Public Service Commission of Delaware; Arnetta McRae, in her official capacity as Chair of the Public Service Commission of Delaware; Joshua M. Twilley, in his official capacity as Vice Chair of the Public Service Commission of Delaware; Dr. Donald J. Puglisi, in his official capacity as Commissioner of the Public Service Commission of Delaware; Joann T. Conaway, in her official capacity as Commissioner of the Public Service Commission of Delaware; and Jaymes V. Lester, in his official capacity as Commissioner of the Public Service Commission of Delaware, Defendants.

United States District Court, D. Delaware.

July 16, 2004.

Attorney(s) appearing for the Case

William E. Manning, Esquire; Klett, Rooney, Lieber & Schorling, Wilmington, DE, Counsel for Plaintiff, Of Counsel: Aaron M. Panner, Esquire; Kellogg, Huber, Hansen, Todd & Evans, P.L.L.C., Washington, DC, Julie A. Conover, Esquire; Verizon Delaware Inc., Philadelphia, PA.

Wendie C. Stabler, Esquire; Saul Ewing LLP, Wilmington, DE, for Defendants AT & T Communications of Delaware, Inc. and TCG Delaware Valley, Inc., Of Counsel: Mark A. Keffer, Esquire, Oakton, VA.

Gary A. Myers, Esquire; Deputy Attorney General, Delaware Department of Justice Public Service Commission, Dover, DE, for Defendants.

MEMORANDUM OPINION

JORDAN, District Judge.

I. INTRODUCTION

This case stems from a May 6, 2003 ruling (the "Ruling") by the Public Service Commission of the State of Delaware (the "PSC") interpreting a telephone interconnection agreement (the "ICA" or "Agreement") between the plaintiff, Verizon Delaware Inc. ("Verizon"), on the one hand and, on the other, defendants AT & T Communications of Delaware, LLC and TCG Delaware Valley, Inc. (collectively...

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