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MPOWER COMMUNICATIONS CORP. v. HURLEY

No. 04 C 6909, No 04 C 7402.

381 F.Supp.2d 738 (2005)

MPOWER COMMUNICATIONS CORPORATION, et al., Plaintiffs, v. Edward C. HURLEY, et al., Defendants, and MCI, INC., Plaintiff, v. Illinois Commerce Commission, et al., Defendants.

United States District Court, N.D. Illinois, Eastern Division.

July 29, 2005.

Attorney(s) appearing for the Case

Thomas H. Rowland, Kevin D Rhoda, Stephen James Moore, Rowland & Moore, Chicago, IL, for Mpower Communications, Corp., Forte Communications, Inc., Cimco Communications, Inc, XO Illinois Inc, Plaintiffs.

John P. Kelliher, Office of General Counsel, Illinois Commerce Commission, Chicago, IL, Thomas R. Stanton, Illinois Commerce Commission, Chicago, IL, Theodore A. Livingston, Mayer, Brown, Rowe & Maw LLP, Chicago, IL, for Edward C Hurley, Erin M O'Connell-Diaz, Kevin K Wright, Lula M Ford as Commissioners of the Illinois Commerce Commission, in their official capacity and not as individuals, Defendants.

Theodored A. Livingston, Hans J. Germann, Michael T. Sullivan, Tyson J. Covey, Mayer, Brown, Rowe & Maw, LLP, Chicago, IL, for Ill. Bell Telephone Co.

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

The Illinois Commerce Commission ("ICC") entered an order, pursuant to the Telecommunications Act of 1996 ("1996 Act"), Pub.L. No. 104-104, 110 Stat. 56 (codified in scattered sections of 47 U.S.C.) and the Federal Communication Commission's ("FCC") rules, 47 C.F.R. §§ 51.501-51.515, setting rates for unbundled network elements ("UNEs") that the Illinois Bell Telephone Company ("SBC...

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