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VERIZON CALIFORNIA, INC. v. PEEVEY

Nos. 04-16382, 04-16394.

462 F.3d 1142 (2006)

VERIZON CALIFORNIA, INC., Plaintiff-Appellant, v. Michael R. PEEVEY; Loretta M. Lynch; Carl W. Wood; Geoffrey F. Brown; Susan P. Kennedy, in their official capacities as Commissioners of the Public Utilities Commission of the State of California, and not as individuals; Pac-West Telecomm, Inc., Defendants-Appellees. Pac-West Telecomm, Inc., Counter-claimant-Appellant, v. Verizon California, Inc., Counter-defendant-Appellee, v. Pac-West Telecomm, Inc., Cross-claimant-Appellant, v. Michael R. Peevey; Loretta M. Lynch; Carl W. Wood; Geoffrey F. Brown; Susan P. Kennedy, in their official capacities as Commissioners of the Public Utilities Commission of the State of California, and not as individuals, Cross-defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2006.

Attorney(s) appearing for the Case

Burton A. Gross, Munger, Tolles & Olson, San Francisco, CA, for the plaintiff-appellant/cross-appellee.

D. Anthony Rodriguez, Morrison & Foerster, San Francisco, CA, for defendant-appellee/cross-appellant Pac-West Telecomm, Inc.

Lindsay M. Brown, California Public Utilities Commission, San Francisco, CA, for defendants-appellees/cross-appellees Commissioners of the Public Utilities Commission.

Before: RYMER, T.G. NELSON, and W. FLETCHER, Circuit Judges.

RYMER, Circuit Judge:

These appeals arise out of a dispute between local exchange carriers over the identification of internet-bound traffic, and compensation for delivery of telephone calls to internet service providers and for calls that appear to the customer to be made within a local area code but in fact are not. One of the carriers, Verizon California, Inc., had an exclusive franchise within California before passage of the Telecommunications Act of 1996, 47...

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