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NORTHERN VALLEY v. QWEST COMMUNICATIONS CORP.

No. CIV 09-1004.

659 F.Supp.2d 1062 (2009)

2009 DSD 11

NORTHERN VALLEY COMMUNICATIONS, LLC, Plaintiff, v. QWEST COMMUNICATIONS CORPORATION, Defendant.

United States District Court, D. South Dakota, Northern Division.

September 25, 2009.

Attorney(s) appearing for the Case

James M. Cremer, Bantz, Gosch & Cremer, LLC, Aberdeen, SD, Joseph P. Bowser, Michael B. Hazzard, Ross A. Buntrock, Arent Fox LLP, Washington, DC, for Plaintiff.

Charles W. Steese, Steese, Evans & Frankel, P.C., Denver, CO, Christopher Wayne Madsen, Thomas John Welk, Boyce Greenfield Pashby & Welk, Sioux Falls, SD, for Defendant.

OPINION AND ORDER

KORNMANN, District Judge.

INTRODUCTION

[¶ 1.] Northern Valley filed this diversity action to collect for amounts allegedly due from Qwest for providing originating and terminating telephone access services. Plaintiff alleged claims for breach of contract and breach of implied contract arising out of federal and state tariffs, violation of the Telecommunications Act of 1996 ("the Act" of "the 1996 Act"), 47 U.S.C. §&...

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