NMAC. THE D10 DEP CTLR CLRED AN MD80 TO CLB THROUGH AN OCCUPIED ALT. TCASII GAVE RA GUIDANCE.

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CLRED TO HDG 070 DEGS AND 10000 FT ON THE DEP WHEN ATC CLRED US TO 100 DEG HDG DIRECT TRISS AND CLB MAINTAIN 17000 FT. AS WE WENT THROUGH 10000 FT WE RECEIVED THE TA/RA TO DAMPEN THE CLB TO 800 FPM TO AVOID TFC AT 11000 FT. I FEEL CERTAIN WE WERE CLRED TO 17000 FT IN ERROR. AS PER MY CUSTOM ON THAT DEP; GOING THROUGH 8500 FT; IF I DO NOT ALREADY HAVE CLRNC TO 17000 FT; I SELECT VERT AIRSPD MODE TO 700 FPM AND 250 KTS AS A COURTESY TO ARRIVING TFC. ON THIS OCCASION; AS I REACHED FOR THE VERT CTL WHEEL TO DO THAT; THE CTLR CLRED US UP TO 17000 FT; SO I THEREFORE REMAINED IN PERFORMANCE CLB MODE. WE ADVISED ATC OF THE RA AND HE PAUSED BEFORE SAYING WE WERE NOW CLR OF THE TARGET AND TO CONTINUE THE CLB TO 17000 FT. ADDITIONALLY; HE CLRED THE TFC BEHIND ME TO 17000 FT IN ITS CLB WHILE WE WERE OBEYING OUR RA; SO I FEEL CERTAIN WE WERE GIVEN THE CLB TO 17000 FT BEFORE THE 11000 FT TFC HAD CLRED OUR AIRSPACE. SUPPLEMENTAL INFO FROM ACN 595281: PASSING THROUGH APPROX 9500 FT; DEP CTL ISSUED A CLRNC TO PROCEED DIRECT TO THE TRISS INTXN; CLB AND MAINTAIN 17000 FT. THE CLRNC WAS READ BACK; THE ACFT ALT CTLR WAS SET TO 17000 FT AND THE CLB WAS CONTINUED. PASSING 10200 FT A TCASII RA WAS RECEIVED AND THE COMMANDS WERE FOLLOWED. TFC WAS OBSERVED XING OUR 12 O'CLOCK POS FROM L TO R. A CALL TO DEP CTL WAS MADE STATING ACR XXXX UNABLE CLB RESPONDING TO AN RA. DEP CTL DID NOT RESPOND TO THIS CALL. HOWEVER; ABOUT A MIN LATER; DEP CTL AGAIN CALLED WITH A CLRNC DIRECT TO TRISS; CLB AND MAINTAIN 17000 FT. THE FLT CONDITIONS WERE VFR AND NO ABRUPT ACFT MANEUVERING WAS REQUIRED. THE REMAINDER OF THE DEP WAS FLOWN NORMALLY. AS USUAL; THIS WAS A BUSY TIME; AND THERE WERE NON-STOP RADIO XMISSIONS BEING MADE FROM AND TO DEP CTL.