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GTE FLORIDA, INC. v. CLARK

No. 4:97-CV-211-RH.

60 F.Supp.2d 1277 (1997)

GTE FLORIDA INCORPORATED, Plaintiff, v. Susan F. CLARK, et al., Defendants.

United States District Court, N.D. Florida, Tallahassee Division.

November 21, 1997.

Attorney(s) appearing for the Case

Harry R Detwiler, Alford & Detwiler, Tallahassee, FL, for GTE Florida Inc, plaintiff.

David E Smith, Public Service Commission, State of Florida, Tallahassee, FL, for Susan F Clark, J Terry Deason, Julia L Johnson, Diane K. Kiesling, Joe Garcia, Leon Jacobs, Jr., defendants.

Donald B Verrilli, Donald B Verrilli Jr PA, Washington, DC, Richard Dent Melson, Carolyn Songer Raepple, Hopping Green Sams & Smith PA, Tallahassee, FL, David E Smith, Public Service Com'n, Tallahassee, FL, for MCI Telecommunications Corporation, MCIMetro Access Transmission Services, Inc., defendants.

Harry R Detwiler, Alford & Detwiler, Tallahassee, FL, for GTE Florida Inc, counter-defendant.

ORDER DENYING MOTION TO DISMISS

HINKLE, District Judge.

This action arises under the Telecommunications Act of 1996, 47 U.S.C. §§ 251-252. Defendants include the five members of the Florida Public Service Commission. They have moved to dismiss the complaint under the Eleventh Amendment of the United States Constitution, arguing that the action is, in substance, an action against the State of...

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