CCCOK Inc. v. Southwestern Bell, et al, No. 11-6016 (10th Cir. 2011)
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In 2005, Appellant CCCOK, Inc. filed a complaint at the Oklahoma Corporation Commission (OCC) against Southwestern Bell Telephone, L.P.(SWBT). CCCOK sought an order directing SWBT to pay it over two-million dollars in compensation for SWBT's alleged breach of a contract between them. The OCC rejected CCCOK’s claim, concluding that CCCOK was not entitled to compensation under the "clear and unambiguous" language of the Parties' contract. The federal district court affirmed the OCC's ruling. CCCOK appealed. On appeal, CCCOK contended that the OCC's ruling was arbitrary and capricious because it: (1) disregarded the terms of the parties' contract; (2) contradicted record evidence; and (3) violated CCCOK's rights under state and federal law. Upon review, the Tenth Circuit concluded that the OCC's ruling was not arbitrary and capricious and it affirmed the district court's decision.
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