Davel Communications, Inc. v. Qwest Corp.

460 F.3d 1075 DAVEL COMMUNICATIONS, INC., a Delaware corporation; Access Anywhere LLC; Kristin Moelle; Automated Telecom Technology Inc., dba A-Tel Inc.; Central Telephone Company; Steve Peterman, dba Colorado Payphones; Communications Management Services LLC, Plaintiffs-Appellants, v. QWEST CORPORATION, a Colorado corporation, Defendant-Appellee. No. 04-35677. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 8, 2005. Filed June 26, 2006. Amended August 17, 2006. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Brooks E. Harlow and David Rice, Miller Nash LLP, Seattle, WA, for the plaintiffs-appellants. Douglas P. Lobel and David A. Vogel, Arnold & Porter LLP, McLean, VA, for the defendant-appellee. Appeal from the United States District Court for the Western District of Washington; Marsha J. Pechman, District Judge, Presiding. D.C. No. CV-03-03680-MJP. Before RONALD M. GOULD and MARSHA S. BERZON, Circuit Judges, and WILLIAM W SCHWARZER, * District Judge. ORDER AND AMENDED OPINION BERZON, Circuit Judge. ORDER 1 The opinion filed June 26, 2006, and published at 451 F.3d 1037 , is withdrawn and superseded by the opinion filed concurrently…