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GCB COMMUNICATIONS v. U.S. SOUTH COMMUNICATIONS

Nos. 09-17646, 10-16086.

650 F.3d 1257 (2011)

GCB COMMUNICATIONS, INC., an Arizona corporation, DBA Pacific Communications; Lake Country Communications, Inc., a Minnesota corporation, Plaintiffs-Appellees, v. U.S. SOUTH COMMUNICATIONS, INC., a Georgia corporation, Defendant-Appellant, and Unidentified Companies I through X, Defendant. GCB Communications, Inc., an Arizona corporation, DBA Pacific Communications; Lake Country Communications, Inc., a Minnesota corporation, Plaintiffs-Appellees, v. U.S. South Communications, Inc., a Georgia corporation, Defendant-Appellant, and Unidentified Companies I through X, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed April 29, 2011.

Attorney(s) appearing for the Case

Glenn B. Manishin , Duane Morris LLP, Washington, D.C., for the appellant.

Glenn B. Hotchkiss , Cheifetz Iannitelli Marcolini, P.C., Phoenix, AZ, for the appellees.

Albert H. Kramer , Dickstein Shapiro LLP, Washington, D.C., for the amicus, American Public Communications Council, Inc.

Before: J. CLIFFORD WALLACE, FERDINAND F. FERNANDEZ, and RICHARD R. CLIFTON, Circuit Judges.

OPINION

FERNANDEZ, Circuit Judge:

U.S. South Communications, Inc. (U.S. South) appeals from the judgment entered against it and in favor of GCB Communications, Inc. and Lake Country Communications, Inc. (collectively GCB) after a bench trial. At issue is whether U.S. South was required to pay GCB for completed coinless payphone calls — dial-around calls — if U.S. South did not receive coding digits that would identify the calls as GCB payphone...

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