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

Nos. 09-1308, 09-1309.

603 F.3d 71 (2010)

GLOBAL NAPS, INC., Plaintiff/Counterclaim Defendant, Appellant, v. VERIZON NEW ENGLAND INC. d/b/a Verizon Massachusetts, Defendant/Counterclaim Plaintiff, Appellee, 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; and Eugene J. Sullivan, Jr., in his capacity as Commissioner., Defendants, v. Global Naps New Hampshire, Inc.; Global Naps Realty, Inc.; Global Naps Networks, Inc.; Ferrous Miner Holdings, Ltd.; and Frank Gangi, Counterclaim Defendants, Appellants, Chesapeake Investment Services, Inc.; 1120 Hancock Street, Inc., 321 Heath Street Realty Trust; CJ3, Inc.; and RJ Equipment, Inc., Counterclaim Defendants.

United States Court of Appeals, First Circuit.

Decided April 29, 2010.

Attorney(s) appearing for the Case

Andrew Good with whom Philip Cormier, Good & Cormier, Joel Davidow, Kile Goekjian Reed & McManus PLLC, Eric Osterberg, and Fox Rothschild LLP were on brief for appellants/counterclaim defendants.

Scott H. Angstreich with whom Gregory G. Rapawy, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Robert L. Weigel, Jason W. Myatt, Gibson, Dunn & Crutcher LLP, Richard P. Owens, Verizon New England Inc., Paul J. Larkin, Jr., and Verizon Communications Inc. were on brief for appellee/counterclaim plaintiff.

James C. Schroeder, Christian F. Binnig, Hans J. Germann, Stephen Sanders, and Mayer Brown LLP were on brief for amici curiae AT&T ILEC Companies in support of appellee/counterclaim plaintiff.

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

LYNCH, Chief Judge.

Global NAPs, Inc. (GNAPs) appeals from entry against it of a judgment for $57,716,714 for access charges that GNAPs owed but failed to pay Verizon New England Inc. (Verizon) for services Verizon provided between 2003 and 2006. Concerned that GNAPs could not pay a judgment, Verizon also successfully brought counterclaims alleging alter ego liability and disregard of the corporate form against GNAPs; its owner, Frank Gangi; and several GNAPs affiliates...

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