and 03-1124 INDIANA BELL TELEPHONE COMPANY, INCORPORATED d/b/a Ameritech Indiana v. William D. McCarty, David W. Hadley

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604

April 5, 2004

Before

Hon. WILLIAM J. BAUER, Circuit Judge

Hon. MICHAEL S. KANNE, Circuit Judge
Hon. TERENCE T. EVANS, Circuit Judge

Nos. 03-1123, 03-1122 and 03-1124

INDIANA BELL TELEPHONE COMPANY,
INCORPORATED d/b/a Ameritech Indiana,
Plaintiff-Appellant, Cross-Appellee,
V.

WILLIAM D. MCCARTY, DAVID W. HADLEY, and
DAVID E. ZEIGNER, in their capacity as
Commissioners of the Indiana Utility Regulatory
Commission and not as individuals,
Defendants-Appellees, Cross-Appellants,
and

AT&T COMMUNICATIONS OF INDIANA, GP, and
TCG INDIANAPOLIS,

Defendants-Appellees, Cross-Appellants.

Appeals from the United States
District Court for the Southern
District of Indiana,
Indianapolis Division.

No. 01 C 1690

Larry J. Mckinney,
Chief Judge.

ORDER

The slip opinion issued in the above-entitled cause on March 5, 2004, is amended as
follows:

Page 20, Section 2, first sentence, beginning at the fourth line, delete "in derogation of
the Act" and replace with "was in error."

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Nos. 03-1123, 03-1122 & 03-1124

Further, on consideration of the petition for rehearing and petition for rehearing en banc,
no judge in active service has requested a vote on the petition for rehearing en banc1 and all of
the judges on the original panel have voted to deny rehearing. It is, therefore, ORDERED that
rehearing and rehearing en banc are DENIED.

1Chief Judge Joel M. Flaum, Judge Kenneth F. Ripple, Judge Ilana Diamond Rovner and
Judge Ann Claire Williams did not participate in the consideration of this petition.