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MILLER v. AT&T CORP.

June 29, 1972

Russell P. MILLER and Margaret Jane Miller, h/w
v.
AMERICAN TELEPHONE & TELEGRAPH CORPORATION et al.


Bechtle, District Judge.


The opinion of the court was delivered by: BECHTLE

BECHTLE, District Judge.

 This matter is before the Court on a Motion for a Preliminary Injunction. Plaintiffs seek to restrain defendant, American Telephone & Telegraph (hereinafter referred to as "AT&T"), its employees, workmen, and attorneys, and all persons in active concert and participation with it, from providing telephone service to the Democratic National Committee (hereinafter referred to as "Committee"), its officers, agents, servants, workmen, or attorneys, and all persons in active concert and participation with them, until an antecedent debt, originating from the 1968 Democratic Presidential Campaign, in the sum of One Million Four Hundred Seventy-Seven Thousand Six Hundred Thirty-Eight Dollars ($1,477,638.00) due and owing AT&T, is paid in full by the Committee.

 FINDINGS OF FACT

 1. Plaintiffs, Russell P. Miller, and his wife, Margaret Jane Miller, are residents of the Commonwealth of Pennsylvania, and reside in Monroeville, Allegheny and Westmoreland Counties, Pennsylvania.

 2. Plaintiffs are owners of two hundred (200) shares of AT&T common stock registered in their names as joint tenants, having purchased one hundred (100) shares on April 26th, 1966, and an additional one hundred (100) shares on January 31st, 1968.

 3. Defendant, AT&T, is a New York corporation with its principal place of business and executive offices at 195 Broadway, New York, New York.

 4. Plaintiffs invoke the jurisdiction of this Court under 28 United States Code, § 1332(a)(1).

 5. Plaintiffs' original Complaint was filed on April 27th, 1972, naming AT&T and certain of its directors, and others, individually, as defendants.

 6. Plaintiffs filed a Motion for a Preliminary Injunction against AT&T on May 18th, 1972.

 7. Plaintiffs filed an Amended Complaint on May 31st, 1972, naming AT&T and all of its directors, except one director who is a resident of Pennsylvania. This director was not named by the plaintiffs in order that the jurisdiction of the Court, based upon diversity of citizenship, not be defeated.

 8. Plaintiffs refiled their Motion for a Preliminary Injunction on May 31st, 1972, in conjunction with the filing of the Amended Complaint.

 9. AT&T's attorney of record has accepted service and voluntarily appeared on behalf of AT&T to answer plaintiffs' Motion for a Preliminary Injunction.

 10. In 1968, the Committee became indebted to AT&T in the sum of One Million Four Hundred Seventy-Seven Thousand Six Hundred Thirty-Eight Dollars ($1,477,638.00), as a result of AT&T furnishing to the Committee, and its authorized designees, telephone and communication services throughout the 1968 Democratic National Convention in Chicago, Illinois, and subsequent 1968 Presidential Campaign.

 11. No portion of the Committee's debt to AT&T for the services furnished for the 1968 activities has been thus far paid.

 12. Officials of AT&T and officials of the Committee have recently exchanged letters discussing the 1968 indebtedness. These letters include a full acknowledgment by the Committee that the aforementioned debt is due and owing to AT&T. The letters also include an intent on behalf of the Committee to raise the funds through a telethon or some other means of fund raising to pay off the debt.

 13. The correspondence thus far, however, has not resulted in a precise schedule of payment, security for the indebtedness, or the threat of instituting any legal proceedings by AT&T to bring about the satisfaction of the indebtedness.

 14. The Committee, by its Treasurer, has sent a letter purporting to waive the Statute of Limitations that might otherwise bar AT&T from succeeding in legal proceedings that AT&T may initiate in the future to recover the 1968 debt.

 15. At or about the time the original Complaint was filed by the plaintiffs, AT&T entered into arrangements to furnish telephone service to the Committee for the 1972 Presidential Campaign, which will include service throughout the Democratic National Convention, scheduled to commence on July 10th, 1972, and throughout the subsequent campaign.

 16. The total service to be rendered by AT&T consists of engineering, installation, monthly billing ...


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