U.S. Network Services, Inc. v. Frontier Communications of West, Inc.

DECISION AND ORDER

LARIMER, Chief Judge.

INTRODUCTION

Robert Louis Stevenson’s description of marriage as “a field of battle” 1 aptly describes the contractual “marriage” between the parties in this case, who have twice appeared to be headed for “divorce,” only to reconcile at the last moment. They have returned to this court now for the third time, and it appears that this time the breakup is final.

The parties to this action, plaintiff U.S. Network Services, Inc. (“USN”) and defendant Frontier Communications of the West, Inc. (“Frontier”), both of whom are in the telephone services industry,…