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SANCOM, INC. v. SPRINT COMMUNICATIONS CO. L.P.

Civ. No. 07-4107.

618 F.Supp.2d 1086 (2009)

SANCOM, INC., a South Dakota Corporation, Plaintiff, v. SPRINT COMMUNICATIONS COMPANY LIMITED PARTNERSHIP, a Delaware partnership, Defendant, Counterclaimant, and Third-Party Plaintiff, v. Free Conferencing Corporation of America, a Nevada Corporation, and Telejunctions LLC, a California limited liability company, Third-Party Defendants.

United States District Court, D. South Dakota, Southern Division.

March 30, 2009.

Attorney(s) appearing for the Case

Jeffrey D. Larson, Woonsocket, SD, Joseph P. Bowser, Michael B. Hazzard, Womble Carlyle Sandridge & Rice PLLC, Washington, DC, Chris A. Nipe, Larson & Nipe, Mitchell, SD, for Plaintiff.

Cheryle Wiedmeier Gering, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, for Defendant, Counterclaimant, and Third-Party Plaintiff.

Ronald A. Parsons, Jr., Johnson, Heidepriem, Abdallah & Johnson, LLP, Sioux Falls, SD, for Third-Party Defendants.

AMENDED MEMORANDUM OPINION AND ORDER RE: MOTIONS TO DISMISS

LAWRENCE L. PIERSOL, District Judge.

PROCEDURAL BACKGROUND

Plaintiff, Sancom, Inc. (Sancom), a competitive local exchange carrier, brought this diversity action against Sprint Communications Company, Limited Partnership (Sprint) in August of 2007, for the alleged failure to pay required federal and state tariffs for the provision of originating and terminating telephone access services...

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