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LAW OFFICES OF CURTIS V. TRINKO, LLP v. BELL ATLANTIC CORP.

No. 00 Civ.1910(SHS).

123 F.Supp.2d 738 (2000)

LAW OFFICES OF CURTIS V. TRINKO, LLP, Individually and on Behalf of Themselves and All Others Similarly Situated, Plaintiff, v. BELL ATLANTIC CORP., Defendant.

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

December 6, 2000.

Attorney(s) appearing for the Case

Joseph P. Garland, Klein & Solomon, LLP, New York, NY, Kenneth A. Elan, Law Office of Kenneth A. Elan, New York, NY, Peter S. Linden, Kirby, McInerney & Squire, L.L.P., New York, NY, Joseph P. Garland, New York, NY, for plaintiff.

Dan K. Webb, Winston & Strawn, Chicago, IL, Mark C. Hansen, Kellogg, Huber, Hansen, Todd & Evans, Washington, DC, Henry B. Gutman, Joseph F. Tringali, Simpson Thacher & Bartlett, New York, NY, Richard G. Taranto, Farr & Taranto, Washington, DC, John Thorne, Verizon Communications, Arlington, VA, for defendant.

OPINION AND ORDER

STEIN, District Judge.

Defendant Bell Atlantic Corp. has moved to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6) on the grounds that plaintiff lacks standing and that the complaint fails to state a claim. For the reasons set forth below, that motion is granted, with leave to replead in part.

I. BACKGROUND

Pursuant to the Telecommunications Act of 1996, local telephone companies may enter the market for...

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