APCC SERVICES, INC. v. SPRINT COMMUNICATIONS CO.

Nos. 04-7034, 04-7035.

418 F.3d 1238 (2005)

APCC SERVICES, INC., et al., Appellees v. SPRINT COMMUNICATIONS CO., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 2005.


Attorney(s) appearing for the Case

David P. Murray and Edward P. Lazarus argued the cause for appellants. With them on the briefs were Randy J. Branitsky and Jeffrey P. Kehne. Clifford J. Zatz entered an appearance.

Roy T. Englert, Jr. argued the cause for appellees. With him on the brief were Donald J. Russell and Michael W. Ward. Alyssa M. Campbell, Charles B. Montgomery, Jeffrey J. Ward, Sean M. Hanifin, Adam Proujansky, Albert H. Kramer, Leon B. Kellner and Leslie R. Cohen entered appearances.

Joel Marcus, Counsel, Federal Communications Commission, argued the cause as amicus curiae in support of appellees. On the brief were John A. Rogovin, General Counsel, Austin C. Schlick, Deputy General Counsel, John E. Ingle, Deputy Associate General Counsel, and Laurence N. Bourne, Counsel.

Before: GINSBURG, Chief Judge, and SENTELLE and RANDOLPH, Circuit Judges.


Opinion for the Court filed PER CURIAM.*

Opinion dissenting in part filed by Circuit Judge SENTELLE.

Dissenting opinion filed by Chief Judge GINSBURG.

PER CURIAM.

In these consolidated appeals, we consider whether chapter 5 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 151-615b, creates a private right of action for an owner or operator of a payphone (hereinafter a payphone service provider...

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