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GLOBAL NAPS, INC. v. VERIZON NEW ENGLAND, INC.

No. 06-2701.

505 F.3d 43 (2007)

GLOBAL NAPS, INC., Plaintiff, Appellant, v. VERIZON NEW ENGLAND, INC., d/b/a Verizon Massachusetts; Massachusetts Department of Telecommunications and Energy; Paul B. Vasington, in his capacity as Commissioner; James Connelly, in his capacity as Commissioner; W. Robert Keating, in his capacity as Commissioner; Deirdre K. Manning, in her capacity as Commissioner; Eugene J. Sullivan, Jr., in his capacity as Commissioner, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 16, 2007.

Attorney(s) appearing for the Case

Glenn B. Manishin with whom William J. Rooney and Jeffrey C. Melick were on brief for appellant.

Scott H. Angstreich with whom Michael E. Joffre, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Bruce P. Beausejour, Verizon New England, Inc., and Keefe B. Clemons, Verizon, were on brief for appellee Verizon New England, Inc.

Daniel J. Hammond, Assistant Attorney General, with whom Martha Coakley, Attorney General, was on brief for appellee Massachusetts Department of Telecommunications and Energy.

Before BOUDIN, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

BOUDIN, Chief Judge.

The present appeal concerns the interpretation of an interconnection agreement between Verizon New England, Inc. and Global NAPs, Inc. Verizon is an established telephone company, largely the descendant of Bell operating companies in New England and the mid-Atlantic states; Global NAPs is a competing carrier that shares Verizon's facilities in the course of providing its own services to customers.

The agreement between the two is governed...

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