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IN RE LONG DISTANCE TELECOMMUNICATIONS LITIGATION

Nos. 85-1684, 86-1599.

831 F.2d 627 (1987)

In re LONG DISTANCE TELECOMMUNICATIONS LITIGATION. Charles KAPLAN, et al., Plaintiffs-Appellants, v. ITT-U.S. TRANSMISSION SYSTEMS, INC., et al., Defendants-Appellees. Roger LEE, et al., Plaintiffs-Appellants, v. WESTERN UNION TELEGRAPH COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 9, 1987.

As Amended on Denial of Rehearing December 1, 1987.

Attorney(s) appearing for the Case

Fay Clayton, Carolyn Hope Rosenberg Safer (argued), Sachnoff, Weaver & Rubenstein, Ltd., Chicago, Ill., Charles R. Watkins, Lawrence W. Abel, Greenfield & Chimicles, Haverford, Pa., Mark F. Anderson, San Francisco, Cal., James A. Mangione and Margaret G. Dobies, San Diego, Cal., for plaintiffs-appellants in No. 85-1684.

Richard J. Gray (argued), Chicago, Ill., for MCI Telecommunications Corp.

Howard G. Kristol, Wm. I. Sussman, Reboul, MacMurray, HeWitt, Maynard & Kristol, New York City, for GTE Sprint Communications Corp.

Michael W. Ward, John F. Ward, Jr., Chicago, Ill., for U.S. Telephone of the Midwest, Inc.

Mitchell S. Goldgehn, Chicago, Ill., for Allnet Communications Services.

Mark Anderson, San Francisco, Cal., for plaintiffs-appellants in No. 86-1599.

Robert P. Hurlbert, Bloomfield Hills, Mich., Maureen H. Burke, Detroit, Mich., Robert M. Chilvers, San Francisco, Cal., Robert L. Sills, Reboul, MacMurray, Hewitt, Maynard & Kristol, New York City, for defendants-appellees in No. 86-1599.

Before LIVELY, Chief Judge, and GUY and BOGGS, Circuit Judges.

LIVELY, Chief Judge.

These consolidated appeals deal with the application of the doctrines of primary jurisdiction and preemption. The plaintiffs are customers of the defendants, which are companies engaged in providing long distance telephone services. The complaints charged violations of federal statutes and of state and federal common law based on the defendants' practice of charging for uncompleted calls, ring time and holding time, and failing to inform customers...

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