VERIZON NEW ENGLAND, INC., Plaintiff, Appellant,
v.
MAINE PUBLIC UTILITIES COMMISSION; Stephen L. Diamond, in his official capacity as Commissioner of the Maine Public Utilities Commission; Sharon M. Reishus, in her official capacity as Commissioner of the Maine Public Utilities Commission; Kurt W. Adams, in his official capacity as Commissioner of the Maine Public Utilities Commission, Defendants, Appellees.
Verizon New England, Inc., Plaintiff, Appellee,
v.
New Hampshire Public Utilities Commission; Thomas B. Getz, in his official capacity as Commissioner of the New Hampshire Public Utilities Commission; Graham J. Morrison, in his official capacity as Commissioner of the New Hampshire Public Utilities Commission; and Michael D. Harrington, in his official capacity as Commissioner of the New Hampshire Public Utilities Commission, Defendants, Appellants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard May 9, 2007.
Decided September 6, 2007.
Attorney(s) appearing for the Case
Scott H. Angstreich with whom Kelly P. Dunbar, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C. and Bruce P. Beausejour, Verizon New England Inc., were on brief for plaintiff.
David S. Rosenzweig and Keegan Werlin LLP on brief for AT & T Inc. and BellSouth Corporation, Amici Curiae.
Andrew B. Livernois, Assistant Attorney General, Department of Justice, with whom Kelly A. Ayotte, Attorney General, State of New Hampshire, was on brief for defendants, appellants.
Andrew S. Hagler with whom Trina M. Bragdon, Maine Public Utilities Commission, was on brief for defendants, appellees.
Thomas F. Reilly, Attorney General, and Jed M. Nosal, Special Assistant Attorney General, General Counsel, Massachusetts Department of Telecommunications and Energy, on brief for the Commonwealth of Massachusetts Department of Telecommunications and Energy, Amicus Curiae.
Russell M. Blau, Philip J. Macres and Bingham McCutchen, LLP on brief for Alpheus Communications, L.P., Biddeford Internet Corporation d/b/a Great Works, Covad Communications Company/DIECA Communications Inc., Freedom Ring Communications, L.L.C. d/b/a BayRing Communications, segTEL, Inc. and XO Communications, Inc., Amici Curiae.
Before BOUDIN, Chief Judge, LYNCH and LIPEZ, Circuit Judges.
United States Court of Appeals, First Circuit.
BOUDIN, Chief Judge.
Verizon is a major telephone company comprising, among other components, several of the former Bell System operating companies ("BOCs") based in the New England and Mid-Atlantic regions. In the federal district court in Maine, Verizon challenged rulings of the Maine Public Utilities Commission ("PUC") and lost; Verizon won in a comparable case in the New Hampshire district court directed against the New Hampshire PUC. The resulting appeals, one...
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