Metronet Services Corporation Metronet Telemanagement Corporation v. Us West Communications

ORDER AMENDING OPINION AND DENYING JOINT PETITION FOR PANEL REHEARING AND PETITION FOR REHEARING EN BANC AND AMENDED OPINION

ORDER

The panel has voted to deny appellees’ joint petition for panel rehearing and petition for rehearing en banc, filed April 21, 2003.

The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The opinion filed March 31, 2003, is amended as follows:

At slip op. 4495, line 9, replace the sentence beginning “It is undisputed” with the following:

At slip op. 4503, line 3, italicize “any.”

At slip op. 4503, line 5, replace the phrase “but the second is erroneous.” with “; the second overstates MetroNet’s burden.”

At slip op. 4503, line 8, insert the phrase “due to per location pricing” between the words “profitability” and “was”.

At slip op. 4503, line 13, replace the sentence beginning “As to the second requirement” and the accompanying citation with the following:

At slip op. 4503, line 18, insert the phrase “and other resellers” after “driving it”.

At slip op. 4503, line 32, add the following sentence after “this evidence of the…