RICHMAN BROS. RECORDS v. U.S. SPRINT

Nos. 90-5607, 90-5657.

953 F.2d 1431 (1991)

RICHMAN BROTHERS RECORDS, INC. v. U.S. SPRINT COMMUNICATIONS COMPANY, Richman Brothers Records, Inc., Appellant in No. 90-5607. U.S. TELECOM, INC., a Kansas corporation, as a partner in U.S. Sprint Communications Company; GTE Communications Services Incorporated, a Delaware corporation, as a partner in U.S. Sprint Communications Company; U.S. Sprint Communications Company, a New York Partnership v. RICHMAN BROTHERS RECORDS, INC., U.S. Sprint Communications Company, Appellant in No. 90-5657.

United States Court of Appeals, Third Circuit.

Decided December 31, 1991.

Rehearing and Rehearing Denied February 3, 1992.


Attorney(s) appearing for the Case

Glenn B. Manishin (argued), Blumenfeld & Cohen, Washington, D.C., and James Greenberg, Greenberg, Shmerelson & Weinroth, Camden, N.J., for Richman Bros. Records, Inc.

Vincent J. Paluzzi (argued), Hannoch Weisman, Trenton, N.J., and Michael B. Fingerhut, U.S. Sprint Communications Co., Washington, D.C., for U.S. Sprint Communications Co.

Gene Kimmelman, Legislative Director, Consumer Federation of America, and F. Thomas Tuttle, Law Offices of F. Thomas Tuttle, Washington, D.C., for amicus curiae Consumer Federation of America.

Present MANSMANN and HUTCHINSON, Circuit Judges, and O'NEILL, District Judge.


Rehearing and Rehearing In Banc Denied February 3, 1992.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

I.

Richman Brothers Records, Incorporated (Richman) appeals an order of the United States District Court for the District of New Jersey which it claims directs the clerk of that court "to immediately transfer" both Richman's action against U.S. Sprint Communications Company (Sprint), as well...

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