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NEW YORK ACCESS BILLING, LLC v. ATX COMMUNICATIONS

No. 1:03-CV-449.

289 F.Supp.2d 260 (2003)

NEW YORK ACCESS BILLING, LLC; RCN Telecom Services, Inc.; Broadview Networks, Inc.; Broadview Networks Plus Acquisition Corp.; Essex Communications Corp.; Spectrotel, Inc.; Conversent Communications of New York, LLC; Conversent Communications of New Jersey, LLC; Conversent Communications of Massachusetts, LLC; Conversent Conversent Communications of Connecticut, LLC; Cablevision Lightpath, Inc.; and Starpower Communications, LLC, Plaintiffs; v. ATX COMMUNICATIONS, INC.; Corecomm Limited;ATX Licensing, Inc.; Corecomm New Jersey, Inc.; Corecomm Virginia, Inc.; ATX Telecommunication Services of Virginia, LLC;Corecomm Maryland, Inc.; and Corecomm New York, Inc., Defendants.

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

October 21, 2003.

Attorney(s) appearing for the Case

Roland Fogel Koblenz & Petroccione, LLP, Albany, NY (Keith J. Roland, of counsel), for plaintiffs.

Goldberg Segalla LLP, Albany, NY (William J. Greagan, of counsel), Saul Krenzel & Associates Associates, Philadelphia, PA (Douglas Diaz, of counsel), for defendants.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiffs, local telephone service carriers and their billing agent, commenced this action against ATX Communications, Inc. ("ATX Communications") and related entities, the toll service carrier, seeking damages for defendants' alleged failure to pay for their access to plaintiffs' service as required by...

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