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KLINE AND CO. v. MCI COMMUNICATIONS CORP.

No. CIV. A. 98-11854-JLT.

98 F.Supp.2d 69 (2000)

KLINE AND COMPANY and Nancy Barcelo, On Their Behalf and On Behalf of All Others Similarly Situated, Plaintiffs, v. MCI COMMUNICATIONS CORPORATION, Defendant.

United States District Court, D. Massachusetts.

March 2, 2000.

Attorney(s) appearing for the Case

Thomas G. Shapiro, Edward F. Haber, Shapiro, Grace & Haber, Boston, MA, for Plaintiffs.

Mark A. Berthiaume, Jonathan D. Cohen, Goldstein & Manello, P.C., Boston, MA, Donald B. Verrilli, Jr., Jenner & Block, Thomas F. O'Neil, III, MCI Worldcom, Inc., Washington, DC, for Defendant.

MEMORANDUM

TAURO, District Judge.

Plaintiffs bring this class action suit for money damages and injunctive and declaratory relief, alleging that Defendant's "Federal Universal Service Fee" contained in its tariff F.C.C. No. 1 violates section 201(b) of the Communications Act of 1934, 47 U.S.C. § 201(b), and constitutes a breach of contract. Defendants have moved pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss Plaintiffs' claims on grounds that the...

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