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TON SERVICES, INC. v. QWEST CORP.

No. 06-4052.

493 F.3d 1225 (2007)

TON SERVICES, INC., a Utah corporation, Plaintiff-Appellant, v. QWEST CORPORATION, a Colorado corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 23, 2007.

Attorney(s) appearing for the Case

Floyd A. Jensen, Floyd Andrew Jensen PLLC, Salt Lake City, Utah, for Plaintiff-Appellant.

David A. Vogel (Douglas P. Lobel with him on the brief), Cooley Godward LLP, Reston, Virginia, for Defendant-Appellee.

Before LUCERO and MURPHY, Circuit Judges, and ROBINSON, District Judge.

MURPHY, Circuit Judge.

I. INTRODUCTION

The current action is one of a number of pending judicial and administrative actions raising the question whether incumbent local exchange carriers ("LECs") generally, and the former Bell Operating Companies ("BOCs") in particular, are required to provide refunds to independent payphone service providers ("PSPs") for noncompliance with the anti-discrimination and anti-subsidization requirements in 47 U.S...

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