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AMERICAN TEL. & TEL. v. NORTH AMERICAN INDUSTRIES

No. 90 Civ. 5198 (MBM).

772 F.Supp. 777 (1991)

AMERICAN TELEPHONE & TELEGRAPH COMPANY, Plaintiff, v. NORTH AMERICAN INDUSTRIES OF NEW YORK, INC., Defendant and Third-Party Plaintiff, v. NEW YORK TELEPHONE COMPANY, Third-Party Defendant.

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

August 22, 1991.

Attorney(s) appearing for the Case

Eric H. Moss, Great Neck, N.Y., for defendant and third-party plaintiff.

John M. Clarke, Sandra Di Iorio, Colvin W. Grannum, New York City, for third-party defendant.

OPINION AND ORDER

MUKASEY, District Judge.

This is a motion to dismiss the third-party complaint by third-party defendant New York Telephone ("NYTel") for failure to state a claim under the antitrust laws. For the reasons set forth below, NYTel's motion is granted as to NAI's claim for common law unfair competition and is otherwise denied.

I.

Plaintiff American Telephone and Telegraph Company ("AT & T") has sued defendant/third-party...

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