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ALLNET COMMUNICATION SERVICE v. NECA

No. 90-5343.

965 F.2d 1118 (1992)

ALLNET COMMUNICATION SERVICE, INC., Appellant v. NATIONAL EXCHANGE CARRIER ASSOCIATION, INC., a Delaware Corporation, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 9, 1992.

Attorney(s) appearing for the Case

William Malone, Washington, D.C., with whom Roy L. Morris, Cambridge, Ohio, was on the brief, for appellant.

Timothy W. Bergin, with whom James P. Murphy, Kenneth A. Levy and Richard A. Ashoff, Washington, D.C., were on the brief, for appellee. Herbert E. Marks, also entered an appearance for appellee.

Before: WALD, WILLIAMS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Allnet Communication Services sued the National Exchange Carrier Association ("NECA"), seeking a declaratory judgment that it was not liable for certain access charges. The district court dismissed the suit, holding that it lacked subject matter jurisdiction and that Allnet had failed to state a claim for relief. 741 F.Supp. 983

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