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BUDGET PREPAY, INC. v. AT&T CORP.

Nos. 09-11099, 09-11188.

605 F.3d 273 (2010)

BUDGET PREPAY, INC.; Global Connection Inc. of America; Nexus Communications, Inc.; Terracom, Inc.; Mextel Corporation, LLC, doing business as Lifftel, Plaintiffs-Appellees, v. AT&T CORPORATION, formerly known as SBC Communications, Inc./ AT&T, Inc.; Illinois Bell Telephone Company, doing business as SBC Illinois; Indiana Bell Telephone Company, Inc., doing business as SBC Indiana; Michigan Bell Telephone Company, doing business as SBC Michigan; Southwestern Bell Telephone L.P., doing business as SBC Arkansas, doing business as SBC Kansas, doing business as SBC Missouri, doing business as SBC Oklahoma, doing business as SBC Texas; Wisconsin Bell, Inc., doing business as SBC Wisconsin; SBC Operations, Inc.; Bell South Telecommunications, Inc.; Unknown Entities 1-10; AT&T, Inc., also known as SBC Communications, Inc.; AT&T Operations, Inc., formerly known as SBC Operations, Inc.; AT&T Southeast, Inc., formerly known as BellSouth Telecommunications, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 3, 2010.

Attorney(s) appearing for the Case

Anton Christopher Malish (argued), Malish & Cowan, P.L.L.C., Austin, TX, for Plaintiffs-Appellees.

William Frank Carroll, Thomas Butler Alleman, Amy Marie Stewart, Cox Smith Matthews, Inc., Javier Aguilar, Gen. Atty., Richard M. Parr, ATTServices, Inc., Dallas, TX, Dennis G. Friedman, Theodore A. Livingston (argued), Mayer Brown, L.L.P., Chicago, IL, for Defendants-Appellants.

Before SMITH, CLEMENT and OWEN, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

Appellees filed suit in federal district court, alleging that Appellants initiated a scheme of predatory pricing for wholesale telecommunications services in violation of the Telecommunications Act of 1996, federal antitrust law, and Texas law. Appellees sought a temporary restraining order and a preliminary injunction enjoining implementation of the scheme, as well as a declaratory judgment...

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