Legal Opinion

Panatronic Usa, a California General Partnership Lemar Textile Co. v. At&t Corporation

Court of Appeals for the Ninth Circuit

Decided April 22, 2002No. 01-15470PublishedCited by 60 opinions

1Opinion of the Court

DAVID R. THOMPSON, Circuit Judge.

We must determine whether AT&T’s temporary failure to assess a Universal Connectivity Charge (“UCC”) on certain customers, while assessing it on others, violated the Federal Communications Act. Panatronic USA and Lemar Textile Co. are AT&T long distance subscribers who were assessed the UCC fee. AT&T delayed assessing the fee on some of its larger customers for several months. According to the plaintiffs, this several-month delay constituted unlawful price discrimination under 47 U.S.C. § 202(a). The plaintiffs additionally contend that AT&T’s temporary…

2Cases cited8 opinions

  1. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  2. Chance v. Pac-Tel Teletrac Inc.Court of Appeals for the Ninth Circuit · 2001
  3. National Ass'n of Regulatory Utility Commissioners v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1984
  4. Byrd v. GuessCourt of Appeals for the Ninth Circuit · 1998
  5. Paciulan v. GeorgeCourt of Appeals for the Ninth Circuit · 2000

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3Cited by60 opinions

  1. Raymond M. Cornwell v. Electra Central Credit Union James E. SharpCourt of Appeals for the Ninth Circuit · 2006
  2. Don Laub Debbie Jacobsen Ted Sheely California Farm Bureau Federation v. United States Department of the Interior Gale A. Norton, Secretary, Department of the Interior United States Environmental Protection Agency Marianne Horinko, in Her Official Capacity as Acting Administrator of the U.S. Epa Department of the Army, (Civil Works) Joseph W. Westphal, Dr., in His Official Capacity as Assistant Secretary of the Army (Civil Works) Donald Evans, in His Official Capacity as Secretary, U.S. Department of Commerce United States Department of Commerce U.S. Department of Agriculture Ann M. Veneman, in Her Official Capacity as Secretary, U.S. Department of Agriculture U.S. Army Corps of Engineers Peter T. Madsen, Brigadier General, in His Official Capacity as Commander, South Pacific Division, U.S. Army Corps of Engineers Natural Resources Conservation Service Charles Bell, in His Capacity as California State Conservationist, U.S. Department of Agriculture, Natural Resources Conservation Service National Marine Fisheries Service Rebecca Lent, Dr., Regional Administrator, National Marine Fisheries Service U.S. Fish & Wildlife Service Stephen Thompson, in His Official Capacity as Manager of California-Nevada Operations of the U.S. Fish & Wildlife Service United States Bureau of Reclamation Kirk C. Rodgers, in His Official Capacity as Director, Mid-Pacific Region of the U.S. Bureau of Reclamation Gray Davis, Governor of the State of California California Resources Agency Mary D. Nichols, in Her Official Capacity as Secretary of the California Resources Agency California Environmental Protection Agency Winston Hickox, in His Official Capacity as Secretary of the California Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2003
  3. Vineberg v. BissonnetteCourt of Appeals for the First Circuit · 2008
  4. Frank H. Boomer, on Behalf of Himself and All Others Similarly Situated v. At & T Corporation, a New York CorporationCourt of Appeals for the Seventh Circuit · 2002
  5. Shirish Wagh v. Metris Direct, Inc. Metris Direct Services, Inc. Metris Companies, Inc. DirectalertCourt of Appeals for the Ninth Circuit · 2003

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