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WESTPAC AUDIOTEXT, INC. v. WILKS

No. C-89-2962 FMS.

756 F.Supp. 1267 (1991)

WESTPAC AUDIOTEXT, INC., et al., Plaintiffs, v. G. Mitchell WILKS, et al., Defendants.

United States District Court, N.D. California.

January 30, 1991.

Attorney(s) appearing for the Case

Earl Nicholas Selby, Palo Alto, Cal., William Bennett Turner, Donna Brorby, Beth S. Brinkman, Turner & Brorby, San Francisco, Cal., for plaintiffs.

Alan D. Croll, Karen Randall, Mark A. Wooster, Wyman, Bautzer, Kuchel & Silbert, Los Angeles, Cal., Martin J. Jenkins, San Francisco, Cal., for Pacific Bell.

Janice E. Kerr, J. Calvin Simpson, Patrick S. Berdge, Public Utilities Com'n of State of Cal., San Francisco, Cal., for California Public Utilities Com'n.

MEMORANDUM OF DECISION RE STATE ACTION

FERN M. SMITH, District Judge.

State action is a murky, intensely fact-bound inquiry, which often reduces to an easy-to-frame but hard-to-answer issue: How much state "encouragement" of private conduct is enough to transform that private conduct into "state action"?

In 1988, the California Legislature amended the Public Utilities Code to say that telephone billing and collection services available to "harmful...

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