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KAPLAN v. ITT-U.S. TRANSMISSION SYSTEMS, INC.

No. 83 Civ. 4843.

589 F.Supp. 729 (1984)

Charles KAPLAN, Plaintiff, v. ITT-U.S. TRANSMISSION SYSTEMS, INC., Defendant.

United States District Court, E.D. New York.

July 13, 1984.

Attorney(s) appearing for the Case

Lawrence A. Sucharow, Kass, Goodkind, Wechsler & Labaton, New York City, for plaintiff.

Grant S. Lewis, LeBoeuf, Lamb, Leiby & MacRae, New York City, for defendant.

MEMORANDUM AND ORDER

GLASSER, District Judge:

Defendant has moved to dismiss plaintiff's federal statutory cause of action under Sections 201(b) and 207 of the Communications Act of 1934, 47 U.S.C. §§ 201(b), 207, on grounds of primary jurisdiction. In addition, defendant has moved to dismiss plaintiff's common law1 and state statutory claims on the ground that they are preempted by the Communications Act or, in the...

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