Order Michigan Supreme Court Lansing, Michigan

July 15, 2011 Robert P. Young, Jr., Chief Justice

142097 & (56) Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly QUICK COMMUNICATIONS, INC., Brian K. Zahra, Petitioner-Appellant/ Justices Cross-Appellee, v SC: 142097 COA: 286679 MPSC: 00-015381 MICHIGAN BELL TELEPHONE COMPANY, 00-015391 d/b/a AT&T MICHIGAN, Respondent-Appellee/ Cross-Appellant, and

MICHIGAN PUBLIC SERVICE COMMISSION, Appellee. _________________________________________/

On order of the Court, the application for leave to appeal the October 7, 2010 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. The application for leave to appeal as cross-appellant is therefore moot and is DENIED.

MARKMAN, J. (concurring).

In my judgment, Judge SAAD’s dissent in the Court of Appeals correctly analyzed and resolved this case. However, because no party in this highly fact-intensive case sought reversal on this basis, I concur in the order denying leave to appeal.

YOUNG, C.J., and MARY BETH KELLY and ZAHRA, JJ., join the statement of MARKMAN, J.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. July 15, 2011 _________________________________________ h0712 Clerk