BELLSOUTH TELECOMMUNICATIONS, INC., Plaintiff-Counter-Defendant-Appellant-Cross-Appellee, UNITED STATES OF AMERICA, Intervenor-Appellant, versus MCIMETRO ACCESS TRANSMISSION SERVICES, INC. Defendant-Counter Claimant-Appellee, GEORGIA PUBLIC SERVICE COMMISSION, ROBERT B. BAKER, JR., in his official capacity as Chairman, LAUREN “BUBBA” MCDONALD, in his official capacity as Commissioner, ROBERT DURDEN, in his official capacity as Commissioner, STANCIL O. WISE, in his official capacity as Commissioner, Defendants-Appellees-Cross-Appellants. BELLSOUTH TELECOMMUNICATIONS, INC., Plaintiff-Counter-Defendant-Appellant, Cross-Appellee, UNITED STATES OF AMERICA, Intervenor-Appellant, versus WORLDCOM TECHNOLOGIES, INC., a successor in interest to MFS INTELENET OF GEORGIA, INC., Defendant-Counter-Claimant-Appellee, E. SPIRE COMMUNICATIONS, INC., formerly known as American Communications Services, Inc., NEXTLINK GEORGIA, INC., TELEPORT COMMUNICATIONS ATLANTA, INC., Defendants-Appellees, GEORGIA PUBLIC SERVICE COMMISSION, ROBERT B. BAKER, JR., in his official capacity as Chairman, LAUREN “BUBBA” MCDONALD, in his official capacity as Commissioner, ROBERT DURDEN, in his official capacity as Commissioner, STANCIL O. WISE, in his official capacity as Commissioner, Defendants-Appellees-Cross-Appellants, ICG TELECOM GROUP, INC., Defendant.
No. 00-12809, No. 00-12810
United States Court of Appeals, Eleventh Circuit
July 17, 2002
278 F.3d 1223
D. C. Docket No. 99-00248-CV-JOF-1, D. C. Docket No. 99-00249-CV-JOF-1
(July 17, 2002)
PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC
(Opinion January 10, 2002, 278 F.3d 1223, 11th Cir., 2002)
Before EDMONDSON, Chief Judge, TJOFLAT, ANDERSON, BIRCH, BLACK, CARNES, BARKETT, MARCUS and WILSON, Circuit Judges.*
B Y T H E C O U R T:
A member of this Court in active service having requested a poll on the suggestions of rehearing en banc and a majority of the judges in this Court in active service having voted in favor of granting a rehearing en banc,
IT IS ORDERED that the above causes shall be reheard by this Court en banc. The previous panel‘s opinion is hereby VACATED.
*Judges Joel F. Dubina and Frank M. Hull have recused themselves and will not participate.