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PAY PHONE CONCEPTS v. MCI TELECOMMUNICATIONS

No. 95-4113-SAC.

904 F.Supp. 1202 (1995)

PAY PHONE CONCEPTS, INC., Plaintiff, v. MCI TELECOMMUNICATIONS CORP., Defendant.

United States District Court, D. Kansas.

September 6, 1995.

Attorney(s) appearing for the Case

David P. Troup, Weary, Davis, Henry, Struebing & Troup, Junction City, KS, for plaintiff Pay Phone Concepts, Inc.

John H. Stauffer, Jr., Goodell, Stratton, Edmonds & Palmer, Topeka, KS, John C. Meinrath, MCI Telecommunications Corporation, Richardson, TX, for defendant MCI Telecommunications Corporation.

MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on the defendant's motion to dismiss or, in the alternative, motion for summary judgment (Dk. 11) and the plaintiff's memorandum in support of declaratory judgment (Dk. 13). The plaintiff seeks a declaratory judgment pursuant to 28 U.S.C. § 2201 that the existing billing dispute between the parties is not subject to mandatory arbitration. The parties agree the court should decide...

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