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AT&T COMMUN. OF SOUTHERN STATES v. BELLSOUTH TELE.

No. 4:97-CV-262-RH.

60 F.Supp.2d 1279 (1997)

AT&T COMMUNICATIONS of the Southern States, Inc., Plaintiff, v. BELLSOUTH TELECOMMUNICATIONS, INC., et al., Defendants.

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

November 21, 1997.

Attorney(s) appearing for the Case

Marsha Ellen Rule, Tallahassee, FL, David L Lawson, Sidley & Austin, Washington, DC, Mark K Logan, Paul Race Bradshaw, Smith Ballard Bradshaw etc PA, Tallahassee, FL, for AT & T Communications of the Southern States Inc, plaintiff.

Wesley Robert Parsons, Adorno & Zeder, Miami, FL, William Wallace Deem, Mahoney Adams & Criser, Jacksonville, FL, Sean A Lev, Michael Kellogg, Kellogg Huber Hansen etc, Washington, DC, for BellSouth Telecommunications Inc, defendant.

David E Smith, Public Service Commission, State of Florida, Tallahassee, FL, for Commissioners of the Florida Public Service Commission, in their official capacity, 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 Florida itself. Because the longstanding doctrine of...

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