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BLACK RADIO NETWORK, INC. v. NYNEX CORP.

Nos. 96 CIV. 4138(DC), 96 CIV. 4139(DC) and 96 CIV. 4141(DC).

44 F.Supp.2d 565 (1999)

BLACK RADIO NETWORK, INC., a New York Corporation, and News Transmission Service, Inc., a New York Corporation, Statistical Phone Philly, 8484 Associates, Eric Singleton d/b/a "Phone Service," and Anthony Colangelo, Phone Programs, Inc., a New York Corporation, and Accurate Info Ltd., a Florida limited partnership, Plaintiffs, v. NYNEX CORPORATION, a Delaware Corporation, New York Telephone Company, a New York Corporation, and Does 1 through 25, Defendants.

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

Order Denying Reconsideration April 30, 1999.

Attorney(s) appearing for the Case

Roland, Fogel, Koblenz & Carr, LLP, Black Radio Network, Inc. and News Transmission Services, Inc. by Keith J. Roland, Albany, NY, for Plaintiffs.

Karen S. Burstein, Statistical Phone Philly, Eric Singleton d/b/a "Phone Service," and Anthony Colangelo by Karen S. Burstein, New York, NY, for Plaintiffs.

Bressler, Amery & Ross, Phone Programs, Inc. and Accurate Info Ltd. by Eric L. Chase, Genevieve K. LaRobardier, New York, NY, for Plaintiffs.

Davis Polk & Wardwell by Guy Miller Struve, Michele S. Warman, Cindy J. O'Hagan, Katharine L. Strobos, New York, NY, Richard H. Wagner, Robert Ernst, New York, NY, for Defendants Nynex Corporation and New York Telephone Company.

OPINION

CHIN, District Judge.

The subject of these consolidated cases are the 976 telephone numbers that one may call to hear information on such topics as sports, financial news, horoscopes, and the weather. Plaintiffs are information providers ("IPs") that produce the recorded messages. Defendants NYNEX Corporation ("NYNEX") and New York Telephone Company ("NYTel") are carriers that deliver plaintiffs...

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