ACCESS TELECOMMUNICATIONS v. SOUTHWESTERN BELL TELEPHONE

No. 97-2124.

137 F.3d 605 (1998)

ACCESS TELECOMMUNICATIONS, debtor-in-possession on behalf of itself and all others similarly situated, formerly known as Unified Telecommunications, L.L.C., Appellant. v. SOUTHWESTERN BELL TELEPHONE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 26, 1998.


Attorney(s) appearing for the Case

David A. Streubel, St. Louis, MO, argued (David W. Harlan and Emily A. Kirk, on the brief), for Appellant.

John F. Medler, St. Louis, MO, argued (Thad Hollie, on the brief), for Appellee.

Before BOWMAN, WOLLMAN, and LOKEN, Circuit Judges.


BOWMAN, Circuit Judge.

Access Telecommunications (Access) appeals the order of the District Court1 dismissing its claim against Southwestern Bell Telephone Company (SWBT). Access had filed a class action under the Communications Act of 1934, see 47 U.S.C. §§ 202, 203, 207 (1994), alleging that SWBT had been overcharging for telephone access services. SWBT moved to dismiss the action, arguing that primary jurisdiction to...

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