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GLOBAL NAPS, INC. v. MASS. DEPT. OF TELECOMM. AND ENERGY

Nos. 04-2313, 04-2334, 04-2397.

427 F.3d 34 (2005)

GLOBAL NAPS, INC., Plaintiff, Appellee/Cross-Appellant, v. MASSACHUSETTS DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY; Paul B. Vasington, in his capacity as Commissioner; James Connelly, in his capacity as Commissioner; W. Robert Keating, in his capacity as Commissioner; Deirdre K. Manning, in her capacity as Commissioner; Eugene J. Sullivan, in his capacity as Commissioner; and Verizon New England, Inc., Defendants, Appellants/Cross-Appellees.

United States Court of Appeals, First Circuit.

Decided October 18, 2005.

Attorney(s) appearing for the Case

Daniel J. Hammond, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief, for Massachusetts Department of Telecommunications and Energy and Paul B. Vasington, James Connelly, W. Robert Keating, Deirdre K. Manning, and Eugene J. Sullivan, in their official capacities as Commissioners.

Scott H. Angstreich, with whom Bruce P. Beausejour, Keefe B. Clemons, Sean A. Lev, and Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., were on brief, for Verizon New England, Inc.

William J. Rooney, Jr., with whom Jeffrey C. Melick was on brief, for Global NAPs, Inc.

Before LYNCH and HOWARD, Circuit Judges, and RESTANI, Judge.

LYNCH, Circuit Judge.

This case raises a new issue of importance under the Telecommunications Act of 1996 (TCA), Pub.L. No. 104-104, 110 Stat. 56 (codified as amended in scattered sections of 47 U.S.C.). The question is whether the doctrine of issue preclusion applies so as to bind one state's commission to apply the findings and conclusions of another state's commission in disputes between the same parties about the interpretation of identical contract language contained...

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