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AMERICAN TEL. & TEL. CO. v. NOS COMMUNICATIONS, INC.

Civ. A. No. 92-4172 (MTB).

830 F.Supp. 225 (1993)

AMERICAN TELEPHONE & TELEGRAPH COMPANY, Plaintiff, v. NOS COMMUNICATIONS, INC. and NOS, Inc., Defendants.

United States District Court, D. New Jersey.

March 5, 1993.

Attorney(s) appearing for the Case

Pitney, Hardin, Kipp & Szuch by Frederick Lee Whitmer, Morristown, NJ.

Podvey, Sachs, Meanor & Catenacci by H. Curtis Meanor, Newark, NJ.

OPINION

BARRY, District Judge.

I.

Currently before the court is the motion of plaintiff AT & T for summary judgment on Counts I and III of the complaint. Count I alleges that NOS Communications, Inc. and NOS, Inc. (together "NOS"), beginning in 1990, subscribed to and used a long distance telephone service called Software Defined Network service ("SDN") offered by AT & T pursuant to F.C.C. Tariff No. 1, that AT & T presented a bill...

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