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BRITTAN COMMUNICATIONS v. SOUTHWESTERN BELL TEL.

No. 01-41450.

313 F.3d 899 (2002)

BRITTAN COMMUNICATIONS INTERNATIONAL CORPORATION, Plaintiff-Appellant, v. SOUTHWESTERN BELL TELEPHONE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 16, 2002.

Attorney(s) appearing for the Case

Warren Wayne Harris, Tracy Caldwell Temple, Bracewell & Patterson, William J. Eggleston, III, Tracy Lynn Jackson (argued), Eggleston & Briscoe, Houston, TX, for Plaintiff-Appellant.

Philip J. John, Shira R. Yoshor (argued), Baker Botts, Houston, TX, Madeleine E. Dabney, SBC Communications, San Antonio, TX, for Defendant-Appellee.

Before DeMOSS, STEWART and DENNIS, Circuit Judges.

CARL E. STEWART, Circuit Judge:

Brittan Communications International Corporation ("Brittan") filed suit against Southwestern Bell Telephone Company ("SWBT") in Texas state court alleging, inter alia, violations of the Communications Act of 1933 ("the Act"), common law fraud, and violations of the Texas Deceptive Trade Practices Act ("DTPA"). SWBT removed the case to federal court and filed motions for judgment on the pleadings and summary judgment. On November...

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