Court of Appeals for the Second Circuit January 30, 1995, 357, Docket 94-7352 (National Communications Association, Inc. v. American Telephone and Telegraph Company)

GEORGE C. PRATT, Circuit Judge:

BACKGROUND

Since 1990 plaintiff-appellant National Communications Association (“NCA”) has engaged in the business of purchasing long distance telecommunications services from defendant-appellee American Telephone and Telegraph Company (“AT & T”), under AT & T’s software defined network (“SDN”) tariff, for resell to NCA’s own customers.