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NATIONAL COMM. ASS'N v. AMERICAN TELE. AND TELE.

No. 357, Docket 94-7352.

46 F.3d 220 (1995)

NATIONAL COMMUNICATIONS ASSOCIATION, INC., Plaintiff-Appellant, v. AMERICAN TELEPHONE AND TELEGRAPH COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 30, 1995.

Attorney(s) appearing for the Case

Richard C. Yeskoo, New York City (Thomas T. Tamlyn, Jr., Fabricant, Yeskoo, & Colangelo, P.C., of counsel), for plaintiff-appellant.

Frederick L. Whitmer, Morristown, NJ (Thomas F. Tamlyn, Jr., Pitney, Hardin, Kipp & Szuch; Ivan J. Kaplan), for defendant-appellee.

Before: FEINBERG, KEARSE, and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

BACKGROUND

Since 1990 plaintiff-appellant National Communications Association ("NCA") has engaged in the business of purchasing long distance telecommunications services from defendant-appellee American Telephone and Telegraph Company ("AT & T"), under AT & T's software defined network ("SDN") tariff, for resell to NCA's own customers. In the industry, NCA is called a reseller — one who engages in the business...

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