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NAEVUS INTL. v. AT&T CORP.

185 Misc.2d 655 (2000)

713 N.Y.S.2d 642

NAEVUS INTERNATIONAL, INC., et al., Plaintiffs, v. AT&T CORP. et al., Defendants.

Supreme Court, New York County.

July 13, 2000.

Attorney(s) appearing for the Case

Friedman Kaplan & Seiler L. L. P., New York City (Robert D. Kaplan and Daniel B. Rapport of counsel), and Stokes Lawrence, P. S., Seattle, Washington (Laura J. Buckland of counsel), for AT&T Corp. and others, defendants.

Coblence & Warner, New York City (Clinton B. Fisher of counsel), for The Wireless Store, Inc., and another, defendants.

Rabin & Peckel L. L. P., New York City (Jacqueline Sailer, Marvin L. Frank and Brian P. Murray of counsel), for plaintiffs.

OPINION OF THE COURT

BARRY A. COZIER, J.

In motion sequence No. 004, defendants, AT&T Corp. (AT&T), AT&T Wireless Services, Inc. (AWS), Cellular Systems, Inc. (CSI), LIN Cellular Communications Corporation (LIN), and Cellular Telephone Company (CTC), move to dismiss the complaint on the ground, inter alia, that plaintiffs' claims are preempted by Federal law.

Factual Allegations

This is a proposed class action of all...

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