U.S. TRANSMISSION SYSTEMS v. AMERICAN TEL. & TEL., CO.

No. 82 Civ. 1986 (RWS).

564 F.Supp. 1020 (1983)

UNITED STATES TRANSMISSION SYSTEMS, INC., Plaintiff, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY; New England Telephone & Telegraph Company; New York Telephone Company; New Jersey Bell Telephone Company; The Bell Telephone Company of Pennsylvania; The Diamond State Telephone Company; The Chesapeake and Potomac Telephone Company; The Chesapeake and Potomac Telephone Company of Maryland; The Chesapeake and Potomac Telephone Company of Virginia; Southern Bell Telephone and Telegraph Company; South Central Bell Telephone Company; The Ohio Bell Telephone Company; Cincinnati Bell Inc.; Michigan Bell Telephone Company; Indiana Bell Telephone Company, Incorporated; Wisconsin Telephone Company; Illinois Bell Telephone Company; Northwestern Bell Telephone Company; Southwestern Bell Telephone Company; The Mountain States Telephone and Telegraph Company; The Pacific Telephone and Telegraph Company; Southern New England Telephone Company; Bell Telephone Co. of Nevada, Defendants.

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

March 16, 1983.


Attorney(s) appearing for the Case

LeBoeuf, Lamb, Leiby & MacRae, New York City, for plaintiff; Grant S. Lewis, John S. Kinzey, Jr., Charles C. Platt, and Howard A. White, Joseph J. Jacobs, Randall B. Lowe, New York City, of counsel.

Jim G. Kilpatric, William J. Jones, A.J. Kent, New York City, Sidley & Austin, Chicago, Ill., Dewey, Ballantine, Bushby, Palmer & Wood, New York City, for defendant American Tel. and Tel. Co.; George Saunders, Jr., John C. Woulfe, Chicago, Ill., Leonard Joseph, New York City, of counsel.


OPINION

SWEET, District Judge.

Defendants American Telephone and Telegraph Company ("AT & T") and twenty-two of its twenty-four operating companies have moved pursuant to Fed.R.Civ.P. 12(b)(1) and 12(b)(6) to dismiss the complaint of plaintiff United States Transmissions Systems, Inc. ("USTS") alleging violations of sections 1 and 2 of the Sherman Act 15 U.S.C. §§ 1 & 2 and sections 201(b)...

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