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NATIONAL COMMUNICATIONS ASS'N v. AT&T

No. 92 Civ. 1735 (LAP).

808 F.Supp. 1131 (1992)

NATIONAL COMMUNICATIONS ASSOCIATION, INC., Plaintiff, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Defendant.

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

December 21, 1992.

Attorney(s) appearing for the Case

Fabricant, Yeskoo & Colangelo, New York City, for plaintiff; by Richard C. Yeskoo.

Pitney, Hardin, Kipp & Szuch, Morristown, NJ, for defendant; by Frederick L. Whitmer.

OPINION

PRESKA, District Judge.

Defendant, American Telephone and Telegraph Company ("AT & T"), has moved pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss Counts II, III, and IV of the complaint filed by plaintiff, National Communications Association, Inc. ("NCA"). For the reasons set forth below, the motion is granted as to Count IV but denied as to Counts II and III.

I. BACKGROUND

NCA engages...

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