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NORTHERN VALLEY COMMUNICATIONS v. AT & T CORP.

No. CIV 09-1003.

659 F.Supp.2d 1056 (2009)

2009 D.S.D. 10

NORTHERN VALLEY COMMUNICATIONS, LLC, Plaintiff, v. AT & T CORP., Defendant.

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

September 24, 2009.

Attorney(s) appearing for the Case

James M. Cremer, Bantz, Gosch & Cremer, LLC, Aberdeen, SD, Joseph P. Bowser, Michael B. Hazzard, Ross A. Buntrock, Arent Fox LLP, Washington, DC, for Plaintiff.

James F. Bendernagel, Jr., Michael J. Hunseder, Sidley Austin, LLP, Washington, DC, William M. Van Camp, Olinger, Lovald, McCahren & Reimers, P.C., Pierre, SD, for Defendant.

OPINION AND ORDER

KORNMANN, District Judge.

INTRODUCTION

[¶ 1.] Northern Valley filed this diversity action to collect for amounts allegedly due from AT & T for providing originating and terminating telephone access services. Plaintiff alleged claims for breach of contract and breach of implied contract arising out of federal and state tariffs, violation of the Telecommunications Act of 1996 ("the Act" or "the 1996 Act"), 47 U.S.C. §...

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