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U.S. EAST TELECOMMUNICATIONS, INC. v. U.S. WEST INF. SYS., INC.

Docket Nos. 93-9140, 93-9198.

15 F.3d 261 (1994)

U.S. EAST TELECOMMUNICATIONS, INC., Plaintiff-Appellee, Cross-Appellant, v. U.S. WEST INFORMATION SYSTEMS, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 27, 1994.

Attorney(s) appearing for the Case

Clifford J. Chu, Ralph Pernick (Hayt, Hayt & Landau, Great Neck, NY), for plaintiff-appellee, cross-appellant.

Joel M. Miller (Miller & Wrubel, P.C., New York City) for defendant-appellant, cross-appellee.

Before: NEWMAN, Chief Judge, WINTER, Circuit Judge, and BRIEANT, District Judge.

BRIEANT, District Judge:

In talismanic reliance on a single word, used in an Amended Scheduling Order of the district court, plaintiff-appellee, cross-appellant, U.S. East Telecommunications, Inc. ("East"), has moved to dismiss the appeal of defendant-appellant cross-appellee, U.S. West Information Systems, Inc. ("West") on the ground of untimeliness.

The facts upon which this motion depends are undisputed. After a twelve day consent jury trial before the...

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