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DAVEL COMMUNICATIONS, INC. v. QWEST CORP.

No. 04-35677.

460 F.3d 1075 (2006)

DAVEL COMMUNICATIONS, INC., a Delaware corporation; Access Anywhere LLC; Kristin Moelle; Automated Telecom Technology Inc., dba A-Tel Inc.; Central Telephone Company; Steve Peterman, dba Colorado Payphones; Communications Management Services LLC, Plaintiffs-Appellants, v. QWEST CORPORATION, a Colorado corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2006.

Amended August 17, 2006.

Attorney(s) appearing for the Case

Brooks E. Harlow and David Rice, Miller Nash LLP, Seattle, WA, for the plaintiffs-appellants.

Douglas P. Lobel and David A. Vogel, Arnold & Porter LLP, McLean, VA, for the defendant-appellee.

Before RONALD M. GOULD and MARSHA S. BERZON, Circuit Judges, and WILLIAM W SCHWARZER, District Judge.

ORDER AND AMENDED OPINION

BERZON, Circuit Judge.

ORDER

The opinion filed June 26, 2006, and published at 451 F.3d 1037, is withdrawn and superseded by the opinion filed concurrently herewith. The opinion is amended as follows:

1. At slip op. 7048, first full paragraph, line 15, 451 F.3d at 1045-46, delete from the sentence beginning "That is to say ..." through to the end of the paragraph.

2. At...

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