DPI TELECONNECT LLC v. OWENS

Nos. 07-2066, 09-1617

DPI TELECONNECT LLC, Plaintiff-Appellant, v. ROBERT V. OWENS, JR.; SAM J. ERVIN, IV; LORINZO L. JOYNER; JAMES Y. KERR, II; HOWARD N. LEE; WILLIAM T. CULPEPPER, III; EDWARD S. FINLEY, JR., Chairman, in their official capacities as Commissioners of the North Carolina Utilities Commission; BELLSOUTH TELECOMMUNICATIONS, INCORPORATED, Defendants-Appellees, and JO ANNE SANFORD; ROBERT E. KROGER, Defendants. DPI TELECONNECT LLC, Plaintiff-Appellant, v. ROBERT V. OWENS, JR.; SAM J. ERVIN, IV; LORINZO L. JOYNER; JAMES Y. KERR, II; HOWARD N. LEE; WILLIAM T. CULPEPPER, III; EDWARD S. FINLEY, JR., Chairman, in their official capacities as Commissioners of the North Carolina Utilities Commission; BELLSOUTH TELECOMMUNICATIONS, INCORPORATED, Defendants-Appellees, and JO ANNE SANFORD; ROBERT E. KROGER, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: February 3, 2011.


Attorney(s) appearing for the Case

ARGUED: Anton Christopher Malish , MALISH & COWAN, LLP, Austin, Texas, for Appellant.

Matthew Patrick McGuire , ALSTON & BIRD, LLP, Raleigh, North Carolina; Karen Elizabeth Long , Carrboro, North Carolina, for Appellees.

ON BRIEF: David S. Wisz , BAILEY & DIXON, LLP, Raleigh, North Carolina, for Appellant.

Roy Cooper , North Carolina Attorney General, Raleigh, North Carolina, for Appellees Utilities Commissioners.

Anitra Goodman Royster , ALSTON & BIRD, LLP, Raleigh, North Carolina, for Appellee BellSouth Telecommunications, Incorporated.

Affirmed by unpublished opinion. Judge Gregory wrote the opinion, in which Judge Niemeyer and Senior Judge Keith joined.


Unpublished opinions are not binding precedent in this circuit.

GREGORY, Circuit Judge

This case involves a dispute over promotional credits between dPi Teleconnect LLC ("dPi") and BellSouth Telecommunications, Inc. ("BellSouth"). The North Carolina Utilities Commission ("NCUC") dismissed dPi's complaint and motion for reconsideration, and the district court granted the NCUC's and BellSouth's motions for summary judgment. We affirm the district...

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