Michigan Bell Telephone Compan v. J. Lark, et al


OPINION and JUDGMENT ON REMAND FROM THE UNITED STATES SUPREME COURT filed: REVERSED and REMANDED, decision for publication pursuant to local rule 206. Alice M. Batchelder (AUTHORING), Chief Judge; Ronald Lee Gilman, Jeffrey S. Sutton, Circuit Judges. [07-2469, 07-2473]

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Case: 07-2469 Document: 006111253634 Filed: 03/26/2012 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 07-2469; 07-2473 Page: 1 FILED Mar 26, 2012 No. 07-2469 MICHIGAN BELL TELEPHONE COMPANY, LEONARD GREEN, Clerk Plaintiff - Appellee, v. COVAD COMMUNICATIONS COMPANY; TALK AMERICA, INC.; XO COMMUNICATIONS SERVICES, INC., Intervenors Defendants - Appellants, McLEODUSA TELECOMMUNICATIONS SERVICES, INC.; TDS METROCOM, LLC, Intervenors, J. PETER LARK, Commissioner; LAURA CHAPPELLE; MONICA MARTINEZ, Defendants. No. 07-2473 MICHIGAN BELL TELEPHONE COMPANY, Plaintiff - Appellee, v. LAURA CHAPPELLE; J. PETER LARK; MONICA MARTINEZ, Defendants - Appellants, COVAD COMMUNICATIONS COMPANY; TALK AMERICA, INC.; McLEODUSA TELECOMMUNICATIONS SERVICES, INC.; TDS METROCOM, LLC; XO COMMUNICATIONS SERVICES, INC., Intervenors. Before: BATCHELDER, Chief Judge; GILMAN and SUTTON, Circuit Judges. JUDGMENT On Remand from the United States Supreme Court. UPON CONSIDERATION of the July 11, 2011 opinion of the United States Supreme Court in this case, and reconsideration of the original opinion and judgment of this court of February 23, 2010, IT IS NOW ORDERED that the district court’s judgment is REVERSED and the case is REMANDED with instructions to enter an Order consistent with the Supreme Court’s opinion. ENTERED BY ORDER OF THE COURT Leonard Green, Clerk

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