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PREMIERE NETWORK SERVICES v. SBC COMMUNICATIONS

No. 04-41574.

440 F.3d 683 (2006)

PREMIERE NETWORK SERVICES, INC., Plaintiff-Appellant, v. SBC COMMUNICATIONS, INC.; Southwestern Bell Texas Holdings, Inc.; SWBT Texas LLC; Southwestern Bell Telephone LP, formerly known as Southwestern Bell Telephone Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 16, 2006.

Attorney(s) appearing for the Case

George G. Brin (argued), Gerald Dale McFarlen, Brin & Brin, San Antonio, TX, for Plaintiff-Appellant.

Harry M. Reasoner (argued), George Allan Van Fleet, Gwendolyn Johnson Samora, Vinson & Elkins, Alison L. Smith, Haynes & Boone, Houston, TX, Javier Aguilar, Cynthia Faught Malone, SBC Communications, Inc., San Antonio, TX, for Defendants-Appellees.

Before JOLLY, BEAM, and BARKSDALE, Circuit Judges.

BEAM, Circuit Judge:

This case involves a long-standing and procedurally complicated dispute between Premiere Network Services, Inc. (Premiere) and SBC Communications, Inc. and its affiliates (collectively SBC) over access to telephone services and facilities. The district court granted SBC's motion to dismiss and Premiere appeals. We affirm in part and reverse in part.

I. BACKGROUND

Under the regulatory regime...

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