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LIGHTWAVE COMMUNICATIONS v. VERIZON SERVICES CORP.

No. 07 Civ. 6519(JSR).

503 F.Supp.2d 713 (2007)

LIGHTWAVE COMMUNICATIONS, LLC, Petitioner, v. VERIZON SERVICES CORP., Verizon Maryland Inc., Verizon Virginia Inc., Verizon South Inc., and Verizon Washington D.C. Inc., Respondents.

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

August 31, 2007.

Attorney(s) appearing for the Case

Andrew Marc Klein, Klein Law Group, PLLC, Bethesda, MD, Robert J. Kenney, Hofheimer Gartlir & Gross LLP, New York, NY, Robert J. Kenney, Jr., Segal McCambridge Singer & Mahoney, Ltd., Chicago, IL, for Petitioner.

Andrew G. McBride, Wiley Rein LLP, Washington, DC, for Respondents.

MEMORANDUM ORDER

RAKOFF, District Judge.

By motion dated August 2, 2007, pursuant to Fed.R.Civ.P. 12(b)(1), respondents moved to dismiss this action for lack of subject matter jurisdiction. For the reasons that follow, that motion is granted.

The pertinent facts, based on the pleadings, as well as on "materials beyond the pleadings," which the Court may properly consider "to resolve the jurisdictional issue," J.S. ex rel. N.S. v. Attica...

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