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SPEAKERS OF SPORT, INC. v. U.S. TELEPHONE, INC.

No. 85-0292.

149 Ill. App.3d 898 (1986)

501 N.E.2d 318

SPEAKERS OF SPORT, INC., Plaintiff-Appellant, v. U.S. TELEPHONE, INC., et al., Defendants-Appellees.

Appellate Court of Illinois — First District (5th Division).

Opinion filed November 21, 1986.

Attorney(s) appearing for the Case

Charles Barnhill, Jr., of Davis, Miner, Barnhill & Galland, and Michael T. Hannafan and Sean F. O'Shea, both of Hannafan & Handler, Ltd., both of Chicago, for appellant.

Michael W. Ward, of O'Keefe, Ashenden, Lyons & Ward, of Chicago, for appellees.

Reversed and remanded.

JUSTICE LORENZ delivered the opinion of the court:

This is an appeal from an order of the circuit court of Cook County dismissing plaintiff's suit against U.S. Telephone (U.S.T.) and U.S. Telephone of the Midwest (U.S.T.M.). The dismissal was based on a finding of Federal preemption, primary jurisdiction in the Federal Communications Commission (FCC), and the pendency of a Federal action involving the same cause and the same parties...

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