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METROPHONES v. GLOBAL CROSSING

No. 04-35287.

423 F.3d 1056 (2005)

METROPHONES TELECOMMUNICATIONS, INC., a Washington corporation, Plaintiff-counter-defendant-Appellee, v. GLOBAL CROSSING TELECOMMUNICATIONS, INC., a Michigan corporation, Defendant-counter-claimant-Appellant, and Unidentified Companies I through X, Defendants.

United States Court of Appeals, Ninth Circuit.

Resubmitted August 31, 2005.

Filed September 8, 2005.

Attorney(s) appearing for the Case

Michael J. Shortley, III, Global Crossing North America, Inc., Pittsford, NY, and Daniel M. Waggoner, Davis Wright Tremaine LLP, Seattle, WA, for the defendant-counter-claimant-appellant.

David J. Russell, Keller Rohrback L.L.P., Seattle, WA, for the plaintiff-counter-defendant-appellee.

Joel Marcus, Federal Communications Commission, Washington, D.C., for the amicus curiae.

Before: SCHROEDER, Chief Judge, and GOODWIN and GRABER, Circuit Judges.

GRABER, Circuit Judge:

We again are asked to decide whether a provider of payphone services may sue a long distance carrier to recover compensation that federal regulations, 47 C.F.R. §§ 64.1300-.1340, obligate the carrier to pay. We faced that question once before, in Greene v. Sprint Communications Co., 340 F.3d 1047, 1050-51 (9th Cir.2003), cert. denied, 541 U.S. 988, 124 S.Ct. 2026, 158 L.Ed.2d 492 (2004...

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