United States Eighth Circuit

Grant of judicial review and declaratory relief as to agency defendant's setting the reciprocal compensation rate carriers pay each other for terminating calls at zero is reversed since: 1) the district court erred in finding that defendant acted in an arbitrary and capricious fashion and that such a rate would violate federal law; and 2) once defendant ordered a company to charge only a fixed per-line rate for end-office switching, federal law prevented it from imposing any non-zero charge.

Appellate Information

• Decided 12/29/2005
• Published 12/29/2005

Judges

• ARNOLD, Circuit Judge., Before ARNOLD, HANSEN, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jeanne M. Cochran, Assistant Attorney General, argued, St. Paul, Minnesota (Mike Hatch and Brian H. Sande, on the brief), for appellant., John M. Devaney, argued, Washington, D.C. (Roy W. Hoffinger and Jason D. Topp, on the brief), for intervenor/appellant.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was Michael John Bradley of Minneapolis, Minnesota.   Also appearing on the brief were Dan Lipshultz and MIchael J. Bradley.