COVAD COMMUNICATIONS COMPANY and Dieca Communications, Inc., d/b/a Covad Communications Company, Appellants
v.
BELL ATLANTIC CORPORATION, et al., Appellees
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued November 18, 2004.
Decided March 1, 2005.
Attorney(s) appearing for the Case
Bruce D. Sokler argued the cause for appellants. With him on the briefs were Fernando R. Laguarda, John R. Gerstein, Merril J. Hirsh, Gabriela Richeimer, and James A. Kirkland. Antony R. Petrilla and Donald B. Verrilli, Jr. entered appearances.
David W. Carpenter, David L. Lawson, C. Frederick Beckner, III, Ryan D. Nelson, Jason D. Oxman, Eric J. Branfman, Rebecca P. Dick, Jonathan D. Lee, and Stephen T. Perkins were on the brief of amici curiae AT & T Corporation, et al. in support of appellants.
Eliot Spitzer, Attorney General, Attorney General's Office of the State of New York, Michelle Aronowitz, Deputy Solicitor General, Jay L. Himes and Richard L. Schwartz, Assistant Attorney Generals, Richard Blumenthal, Attorney General, Attorney General's Office of the State of Connecticut, Steven M. Rutstein, Assistant Attorney General, Carla Stovall, Attorney General, Attorney General's Office of the State of Kansas, G. Steven Rowe, Attorney General, Attorney General's Office of the State of Maine, J. Joseph Curran, Jr., Attorney General, Attorney General's Office of the State of Maryland, Mike Hatch, Attorney General, Attorney General's Office of the State of Minnesota, Frankie Sue Del Papa, Attorney General, Attorney General's Office of the State of Nevada, and Mark L. Shurtleff, Attorney General, Attorney General's Office of the State of Utah, were on the brief of amici curiae States of New York, et al. in support of reversal of the order appealed from.
Mark C. Hansen argued the cause for appellees. With him on the brief were Michael K. Kellogg, Aaron M. Panner, John Thorne, and Richard G. Taranto. Dan K. Webb and Steven F. Benz entered appearances.
Jerry W. Kilgore, Attorney General, Attorney General's Office of the Commonwealth of Virginia, William E. Thro, State Solicitor General, and Maureen Riley Matsen, Deputy State Solicitor General, were on the brief for amicus curiae Commonwealth of Virginia, in support of appellees.
R. Hewitt Pate, Assistant Attorney General, U.S. Department of Justice, Catherine G. O'Sullivan, Nancy C. Garrison, and David Seidman, Attorneys, John C. Rogovin, General Counsel, Federal Communications Commission, John E. Ingle and Susan L. Launer, Deputy Associate General Counsels, were on the brief of amici curiae The United States and Federal Communications Commission supporting neither party.
Andrew D. Roth and Laurence Gold were on the brief of amicus curiae Communications Workers of America in support of appellees.
Lawrence E. Sarjeant, Marc Gary, Stephen M. Shapiro, John E. Muench, Jeffrey W. Sarles, and James D. Ellis were on the brief of amici curiae BellSouth Corporation, et al. in support of appellees. James F. Rill entered an appearance.
Before: GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
GINSBURG, Chief Judge.
This appeal comes to us in the wake of Verizon Communications Inc. v. Curtis V. Trinko, LLP,540 U.S. 398, 124 S.Ct. 872, 157 L.Ed.2d 823 (2004), in which the Supreme Court held that a complaint alleging an incumbent local exchange carrier (ILEC) refused to share elements of its network with a competitor, as required by the Telecommunications Act of 1996, 110 Stat. 56, codified at 47 U.S.C. § 151 ...
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