PEOPLE'S TEL. COOP. v. SOUTHWESTERN BELL TEL. CO.

No. TY-74-153-CA.

399 F.Supp. 561 (1975)

PEOPLE'S TELEPHONE COOPERATIVE v. SOUTHWESTERN BELL TELEPHONE COMPANY.

United States District Court, E. D. Texas, Tyler Division.

August 1, 1975.


Attorney(s) appearing for the Case

Thomas W. Hathaway, Hathaway & Jackson, Tyler, Tex., James Douglas Pickett, Flynt & Pickett, Winnsboro, Tex., for plaintiff.

Jack W. Flock, Ramey, Flock, Hutchins, Grainger & Jeffus, Tyler, Tex., for defendant.


ORDER

STEGER, District Judge.

The Court has before it in the above styled and numbered cause a Motion to Dismiss filed by the Defendant, Southwestern Bell Telephone Company. The Defendant contends that this case should be dismissed for two reasons: (1) under the doctrine of primary jurisdiction, the Federal Communications Commission is the proper forum to decide the issues involved, and (2) the Plaintiff's complaint fails to state a claim on which relief...

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