OPINION AND ORDER
SARGUS, District Judge.
This matter is before the Court upon the motion of defendant Ohio Bell Telephone Company, dba Ameritech Ohio ("Ameritech") to dismiss Counts Four and Five of the Complaint. (Doc. No. 19). Defendant, Public Utility Commission of Ohio ("PUCO"), has also filed a Motion to Dismiss which, inter alia, raises similar arguments advanced by Ameritech with respect to Counts Four and Five of the Complaint.
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