Davel Communications v. Qwest Corporation

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DAVEL COMMUNICATIONS, INC., a  Delaware corporation; ACCESS

ANYWHERE LLC; KRISTIN MOELLE;

AUTOMATED TELECOM TECHNOLOGY

INC., dba A-Tel Inc.; CENTRAL No. 04-35677 TELEPHONE COMPANY; STEVE D.C. No. PETERMAN, dba Colorado Payphones; COMMUNICATIONS  CV-03-03680-MJP

MANAGEMENT SERVICES LLC, ORDER AND

Plaintiffs-Appellants, AMENDED

OPINION

v. QWEST CORPORATION, a Colorado corporation, Defendant-Appellee.  Appeal from the United States District Court for the Western District of Washington Marsha J. Pechman, District Judge, Presiding

Argued and Submitted December 8, 2005—Seattle, Washington

Filed June 26, 2006 Amended August 17, 2006

Before: Ronald M. Gould and Marsha S. Berzon, Circuit Judges, and William W Schwarzer,* District Judge.

Opinion by Judge Berzon

*The Honorable William W Schwarzer, Senior United States District Judge for the Northern District of California, sitting by designation. COUNSEL

Brooks E. Harlow, Miller Nash LLP, Seattle, Washington, for the…