DuPont Glore Forgan Inc. v. American Telephone & Telegraph Co.

OPINION, FINDINGS OF FACT AND CONCLUSIONS OF LAW

EDWARD WEINFELD, District Judge.

In this class action, plaintiffs seek to recover from the American Telephone and Telegraph Company (“AT&T”) and twenty-three companies affiliated with it (the “operating companies") a portion of the federal communications excise taxes which defendants collected from plaintiffs and paid over to the United States Government. Plaintiffs claim that those taxes were collected by reason of a contract, combination or conspiracy among the defendants in restraint of interstate commerce, in violation of Section 1 of the…