Wojcieszek v. New England Telephone & Telegraph Co.

MEMORANDUM REGARDING DEFENDANTS’ MOTION TO DISMISS AMENDED COMPLAINT

PONSOR, District Judge.

I. INTRODUCTION

Plaintiffs subscribe to an inside telephone wire maintenance service (“IWMS”) plan offered by defendants New England Telephone and Telegraph Company and NYNEX Corporation (“NET” and “NYNEX”). This plan covers a telephone subscriber for potential repairs to the telephone lines that run through the dwelling to the phone jack. Until 1986 the defendants had an effective monopoly on these services, for which a customer paid as part of his or her telephone bill.

As of January 1, 1987, the…