United States DC Circuit

47 USC 208(b), makes FCC orders finding liability but reserving a finding for damages at a later date reviewable on appeal as a final order.

Appellate Information

• Decided 11/09/2001
• Published 11/09/2001

Judges

• Before:  GINSBURG, Chief Judge, EDWARDS and SENTELLE, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Aaron M. Panner argued the cause for petitioners and supporting intervenors.   With him on the briefs were Michael K. Kellogg, Michael E. Glover, John M. Goodman, James D. Ellis, Roger K. Toppins, Jeffry A. Brueggeman, Jay C. Keithley, and Michael B. Fingerhut., Michael J. Thompson, Albert H. Kramer, Katherine J. Henry, and Andrew J. Phillips were on the joint brief of intervenors ABTEL Communications, Inc., et al.  Robert F. Aldrich entered an appearance., Michael E. Glover, John M. Goodman, James D. Ellis, Roger K. Toppins, Jeffry A. Brueggeman, Michael K. Kellogg, Aaron M. Panner, Jay C. Keithley, and Michael B. Fingerhut were on the brief of Local Exchange Carrier intervenors.


• For Appellees:
  
• John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, argued the cause for respondents.   With him on the briefs were Daniel M. Armstrong, Associate General Counsel, Laurel R. Bergold and Lisa E. Boehley, Counsel, John M. Nannes, Acting Assistant Attorney General, United States Department of Justice, Robert B. Nicholson and Robert J. Wiggers, Attorneys.  Christopher J. Wright, General Counsel, Federal Communications Commission, and Lisa S. Gelb, Counsel, entered appearances.