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LOGIX COMMUNICATIONS v. PUBLIC UTILITY COM'N OF TX

No. 06-51697.

521 F.3d 361 (2008)

LOGIX COMMUNICATIONS, L.P., Doing Business as Logix Communications, Plaintiff-Appellant, v. THE PUBLIC UTILITY COMMISSION OF TEXAS, Paul Hudson, in His Official Capacity as Chairman of the Public Utility Commission of Texas, Julie Caurthers Parsley, in Her Official Capacity as Commissioner of the Public Utility Commission of Texas, Barry Smitherman, in His Official Capacity as Commissioner of the Public Utility Commission of Texas, Defendants-Appellees, Southwestern Bell Telephone, L.P., Doing Business as AT&T Texas, Intervenor-Plaintiff-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 11, 2008.

Attorney(s) appearing for the Case

Howard Jay Siegel (argued), Austin, TX, for Plaintiff-Appellant.

Brian Alan Prestwood (argued), Austin, TX, for Defendants-Appellees.

Theodore A. Livingston, Jay Tyson Covey (argued), Mayer Brown LLP, Chicago, IL, for Intervenor-Plaintiff-Appellee.

Before REAVLEY, SMITH and GARZA, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

On June 30, 2005, AT&T Texas ("AT&T") initiated an arbitration proceeding before the Public Utility Commission of Texas ("PUC") regarding its interconnection agreement with Logix Communications, L.P. ("Logix"), seeking post-interconnection agreement dispute resolution regarding unbundled network element ("UNE") declassification by wire center.1 AT&T sought to establish that its method of determining...

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