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MCI TELECOMMUNICATIONS CORP. v. GRAHAM

No. 92-6270.

7 F.3d 477 (1993)

MCI TELECOMMUNICATIONS CORPORATION, Plaintiff-Appellant, v. David GRAHAM, individually and d/b/a Graham Construction Company, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 8, 1993.

Attorney(s) appearing for the Case

Hillary B. Burchuk (briefed), Washington, DC, James S. McDearman, Grant, Konvalinka & Grubbs, Chattanooga, TN, for plaintiff-appellant.

James S. Dreaden, Wiell & Wiell, Chattanooga, TN, for defendant-appellee.

Before: BOGGS and SILER, Circuit Judges; and JOINER, Senior District Judge.

BOGGS, Circuit Judge.

This is an appeal from a judgment of the district court dismissing the complaint for lack of subject matter jurisdiction. Because we find that the complaint "arises under" federal law, we reverse.

I

Appellant MCI provided telecommunication services to the appellee Graham between April 1991 and October 1991 under the terms and conditions of MCI F.C.C. Tariff No. 1 (tariff). This tariff is filed and maintained with the F.C.C....

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