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OH v. AT & T CORP.

Civil Action No. 99-2161.

76 F.Supp.2d 551 (1999)

Young Soon OH and Bernice Schatz on behalf of themselves and all others similarly situated, Plaintiffs, v. AT & T CORPORATION, Defendant.

United States District Court, D. New Jersey.

December 10, 1999.

Attorney(s) appearing for the Case

James V. Bashian, Law Offices of James V. Bashian, P.C., West Fairfield, NJ, Joshua N. Rubin, Abbey, Gardy & Squitieri, LLP, New York City, for Plaintiffs Young Soon Oh and Bernice Schatz, on behalf of themselves and all others similarly situated.

Robert D. Towey, David G. Tomeo, Ravin, Sarasohn, Cook, Baumgarten, Fisch & Rosen, P.C., Roseland, NJ, Patricia C. Lukens, AT & T Corp., Basking Ridge, NJ, for Defendant AT & T Corporation.

WALLS, District Judge.

This matter is before the court on the motion by defendant AT & T for judgment on the pleadings to dismiss the complaint pursuant to Fed.R.Civ.P. 12(c) for failure to state any claim for relief, or alternatively, on the grounds that the Federal Communications Commission ("FCC") has primary jurisdiction over the case. The defendant's motion to dismiss Count VI of the complaint is granted; the motion

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