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CORETEL VIRGINIA, LLC v. VERIZON VIRGINIA, LLC

No. 13-1765.

752 F.3d 364 (2014)

CORETEL VIRGINIA, LLC, Plaintiff-Appellant, v. VERIZON VIRGINIA, LLC; Verizon South, Inc.; McImetro Access Transmission Services, LLC; MCI Communications Services, Inc.; Verizon Business Global LLC; Bell Atlantic Communications, Inc., d/b/a Verizon Long Distance, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 13, 2014.

Attorney(s) appearing for the Case

ARGUED: Edward Jay Tolchin , Offit Kurman, P.C., Tysons Corner , Virginia, for Appellant. Scott H. Angstreich , Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for Appellees. ON BRIEF: Andrew M. Hetherington , Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C., for Appellees.

Affirmed in part, reversed in part, and remanded with instructions by published opinion. Judge Duncan wrote the opinion, in which Judge Wilkinson joined. Judge Niemeyer wrote an opinion concurring in part and dissenting in part.

DUNCAN, Circuit Judge:

Two telecommunications carriers, CoreTel Virginia, LLC and Verizon Virginia, LLC, dispute their respective responsibilities under their interconnection agreement ("ICA"), a contract which governs how the carriers connect their networks and exchange data. Each party contends that the other improperly billed it for various services. The district court granted summary judgment in Verizon's favor on each claim. For the reasons that follow, we vacate...

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