Monday, August 02, 2004

Fourth Circuit rejects Tenth Amendment argument in telephone rate case

In Verizon Maryland, Inc. v. Global Naps, Inc., the Fourth Circuit in an opinion by Judge Michael, joined by Judge Gregory and with Judge Luttig concurring in part and dissenting in part, affirmed that there was federal jurisdiction under the Telecommunications Act for an action challenge the state agency action setting telephone rates and that the statutory scheme did not violate the Tenth Amendment.

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