Legal Opinion

Metro East Center for Conditioning & Health v. Qwest Communications International, Inc.

District Court, S.D. Illinois

Decided January 28, 2002No. 3:01-cv-00399PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

HERNDON, District Judge.

I. Introduction

On June 18, 2001, Metro East Center for Conditioning and Health filed suit against Qwest Communications, alleging that Qwest has been charging it a presub-scribed inter exchange carrier charge (“PICC”) in violation of a Federal Communications Commission regulation, 47 C.F.R. § 69.153, and in excess of the appropriate rate as set forth in Qwest’s FCC tariff (Doc. 1). On August 20, 2001, Qwest filed a motion to dismiss this action asserting that the FCC has primary jurisdiction over this case because Metro East seeks application and…

2Cases cited12 opinions

  1. First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
  2. At&T Technologies, Inc. v. Communications WorkersSupreme Court of the United States · 1986
  3. Mastrobuono v. Shearson Lehman Hutton, Inc.Supreme Court of the United States · 1995
  4. Nader v. Allegheny Airlines, Inc.Supreme Court of the United States · 1976
  5. Pennsylvania Railroad v. Puritan Coal Mining Co.Supreme Court of the United States · 1915

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3Cited by2 opinions

  1. Metro East Center for Conditioning and Health v. Qwest Communications International, Inc.Court of Appeals for the Seventh Circuit · 2002
  2. Metro East Center v. Qwest Comm Int'l IncCourt of Appeals for the Seventh Circuit · 2002

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