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ILLINOIS BELL TELEPHONE CO., INC. v. BOX

Nos. 08-1489, 08-1494.

548 F.3d 607 (2008)

ILLINOIS BELL TELEPHONE COMPANY, INC., Plaintiff-Appellee, v. Charles E. BOX, et al., in their official capacities as commissioners of the Illinois Commerce Commission; and Globalcom, Inc., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 26, 2008.

Attorney(s) appearing for the Case

Theodore A. Livingston, Mayer Brown LLP, Chicago, IL, for Plaintiff-Appellee.

Henry T. Kelly, Attorney, Kelley Drye & Warren LLP, Thomas R. Stanton, Attorney, Illinois Commerce Commission, Chicago, IL, for Defendants-Appellants.

Verizon Inc, Amicus Curiae.

Brendan J. Crimmins, Attorney, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, DC, for Verizon Inc.

Before POSNER, RIPPLE, and EVANS, Circuit Judges.

POSNER, Circuit Judge.

Illinois Bell brought this suit for declaratory and injunctive relief against the Illinois Commerce Commission, which regulates the telecommunications industry in Illinois, to prevent the commission from requiring Illinois Bell to sell Globalcom (another telecom company, which has intervened as a defendant) some of Illinois Bell's services at cost, a requirement that Illinois Bell claims is preempted...

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