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FAX TELECOMMUNICACIONES INC. v. AT&T

Docket No. 97-7374

138 F.3d 479 (1998)

FAX TELECOMMUNICACIONES INC., Plaintiff-Appellant, v. AT&T, Defendant-Appellee, Michael Gilmartin and Richard Stotts, Defendants.

United States Court of Appeals, Second Circuit.

Final brief submitted November 20, 1997.

Decided March 10, 1998.

Attorney(s) appearing for the Case

Stacey Van Malden, Charles Wallshein, Freeport, NY, for Plaintiff-Appellant.

Elizabeth M. Sacksteder, Alan M. Unger, Sidley & Austin, New York City (Sharon O. Gans, AT&T Law Division, AT&T Corp., Liberty Corner, NJ, on the brief), for Defendant-Appellant.

Before: FEINBERG, WALKER, Circuit Judges, and GOLDBERG, Judge.

JOHN M. WALKER, JR., Circuit Judge:

Plaintiff-appellant Fax Telecommunicaciones Inc. ("Fax"), a former purchaser of AT&T long-distance telephone services, brought this action alleging breach of contract, fraudulent misrepresentation, and fraudulent inducement to contract against defendant-appellee AT&T ("AT&T"), for which Fax sought a declaratory judgment, specific performance, and compensatory and punitive damages. In essence, Fax claims that AT&T...

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