United States Sixth Circuit

In a suit seeking declaratory and injunctive relief arising from a state commission's action in ordering parties to amend their interconnection agreement, summary judgment for defendants is affirmed where the commission had the authority to implement new service rates, and requiring the parties to amend their interconnection agreement to conform to those new rates was within the commission's authority and was not a violation of the Telecommunications Act of 1996, the Sierra-Mobile doctrine, or the Contracts Clause.

Appellate Information

• Decided 02/13/2008
• Published 02/13/2008

Judges

• Before:  MARTIN, GUY, and CLAY, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Norman C. Witte, White Law Offices, Lansing, Michigan, for Appellant.  William J. Champion, III, Dickinson Wright, Ann Arbor, Michigan, Michael A. Nickerson, Office of the Attorney General, Lansing, Michigan, for Appellees.   ON BRIEF:  Norman C. Witte, White Law Offices, Lansing, Michigan, Gary L. Field, Law Office of Gary L. Field, Lansing, Michigan, for Appellant. William J. Champion, III, Dickinson Wright, Ann Arbor, Michigan, Jeffery V. Stuckey, Dickinson Wright, Lansing, Michigan, Michael A. Nickerson, Office of the Attorney General, Lansing, Michigan, Craig A. Anderson, Michigan Bell Telephone Company, Detroit, Michigan, Lisa M. Bruno, Detroit, Michigan, for Appellees.