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DISCON INC. v. NYNEX CORP.

No. 90-CV-546A.

86 F.Supp.2d 154 (2000)

DISCON INCORPORATED, Plaintiff, v. NYNEX CORPORATION, NYNEX Material Enterprises, New York Telephone, Defendants.

United States District Court, W.D. New York.

February 2, 2000.

Attorney(s) appearing for the Case

Lawrence C. Brown, John H. Ring, III, Buffalo, NY, John H. Ring, III, Cheektowaga, NY, for Discon, Inc., plaintiff.

Edward S. Bloomberg, Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, NY, Richard H. Wagner, NYNEX Corp., White Plains, NY, Guy Miller Struve, Davis, Polk & Wardwell, New York City, for NYNEX Corp., NYNEX Material Enterprises, New York Telephone, Robert J. Eckenrode, defendants.

DECISION AND ORDER

ARCARA, District Judge.

INTRODUCTION

Currently before the Court is the motion of defendants NYNEX Corporation, NYNEX Material Enterprises ("MECo"), and New York Telephone ("NYT"), (referred to collectively herein as "NYNEX"), pursuant to Rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure, for summary judgment dismissing the complaint. Oral argument on the motion was held on January 21, 2000. After reviewing...

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