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ESSENTIAL COMMUNICATION SYSTEMS, INC. v. AMERICAN TEL. & TEL. CO.

Civ. A. No. 700-73.

446 F.Supp. 1090 (1978)

ESSENTIAL COMMUNICATION SYSTEMS, INC., Plaintiff, v. AMERICAN TELEPHONE & TELEGRAPH COMPANY, Western Electric Company, New Jersey Bell Telephone Company, Defendants.

United States District Court, D. New Jersey.

March 13, 1978.

Attorney(s) appearing for the Case

David Berger, Berger & Montague, Philadelphia, Pa., for plaintiff.

Bernard M. Hartnett, Jr., Newark, N. J., for defendant New Jersey Bell Telephone Co.

Clyde A. Szuch, Pitney, Hardin & Kipp, Morristown, N. J., George L. Saunders, Jr., C. John Buresh, Sidley & Austin, Chicago, Ill., for defendants American Telephone & Telegraph Co. and Western Electric Co.

OPINION

WHIPPLE, Chief Judge.

Essential Communications Systems distributes a device named "code-a-phone" which, when electronically connected to a telephone (and thereby with the telephone network) automatically answers, transfers and records incoming calls. American Telephone and Telegraph Company (ATT) and New Jersey Bell are part of the Bell System which owns and operates the telecommunications system. They are subject to regulation by the Federal Communications...

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