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TELCO COMMUNICATIONS, INC. v. BARRY

Civ. A. No. 89-3393 (XX).

731 F.Supp. 670 (1990)

TELCO COMMUNICATIONS, INC., Plaintiff, v. James J. BARRY, Jr., as he is the Director of the Division of Consumer Affairs in and for the State of New Jersey, and Peter N. Perretti, Jr., as he is Attorney General of the State of New Jersey, Defendants.

United States District Court, D. New Jersey.

March 5, 1990.

Attorney(s) appearing for the Case

Carpenter, Bennett & Morrissey by John Shea, Newark, N.J., Peter S. Brooks, Boston, Mass., for plaintiff.

Peter N. Perretti, Jr., Atty. Gen. of New Jersey by Jack M. Sabatino, Asst. Atty. Gen., Roberta Nan Berkwits, Deputy Atty. Gen., Trenton, N.J., for defendants.

OPINION

DEBEVOISE, District Judge.

On August 11, 1989, Telco Communications, Inc. ("Telco") initiated this action against the State of New Jersey. Telco filed a notice of motion for preliminary injunction on August 18, 1989. Telco seeks to enjoin New Jersey from enforcing various state statutes and administrative regulations which Telco claims violate the First and Fourteenth Amendments: N.J.S.A. 2A:170-20; N.J.S.A. 2A:170-20.11; N.J. A...

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