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MICHIGAN BELL TELEPHONE CO., INC. v. LARK

No. 04-60128.

373 F.Supp.2d 694 (2005)

MICHIGAN BELL TELEPHONE COMPANY, INCORPORATED, d/b/a SBC Michigan, Plaintiff, v. J. Peter LARK, Laura Chappelle, and Robert B. Nelson, in their Official Capacities as Commissioners of the Michigan Public Service Commission and not as Individuals, Defendants, and At & T Communications of Michigan, Inc., and Mcimetro Access Transmission Services, LLC, Intervenor-Defendants.

United States District Court, E.D. Michigan, Southern Division.

January 6, 2005.

Attorney(s) appearing for the Case

Joseph P. Tocco, Dickinson Wright, Craig A. Anderson, Detroit, MI, John M. Dempsey, Dickinson Wright, Lansing, MI, Michael G. Vartanian, Dickinson Wright, Ann Arbor, MI, Demetrios G. Metropoulos, Theodore A. Livingston, Mayer, Brown, Chicago, IL, for Plaintiff.

Steven D. Hughey, Department of Attorney General, Lansing, MI, for Defendants and Intervenor-Defendants.

Albert Ernst, Dykema Gossett, Lansing, MI, Allison M. Ellis, Washington, DC, John R. Harrington, Jenner & Block, David W. Carpenter, Sidley, Austin, John J. Reidy, III, Chicago, IL, Robert J. Franzinger, Dykema Gossett, Arthur A. LeVasseur, Fischer, Franklin, Detroit, MI, for Intervenor-Defendants.

OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

BATTANI, District Judge.

Before the Court is Plaintiff Michigan Bell Telephone Company's d/b/a SBC Michigan ("SBC Michigan") Motion for Summary Judgment brought pursuant to Fed.R.Civ.P. 56(c). At issue is the validity of a June 29, 2004 Order in case number U-13891, issued by the Michigan Public Service Commission ("MPSC"), acting through Defendant Commissioners, J. Peter Lark, Laura...

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