[Download] "MCI Telecommunications Corp. v. Garden State Investment Corp." by United States Court of Appeals for the Eighth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: MCI Telecommunications Corp. v. Garden State Investment Corp.
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 14, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
FAGG, Circuit Judge. MCI Telecommunications Corporation (MCI), a provider of interstate telecommunications services, filed this lawsuit to recover unpaid telecommunications service charges from Garden State Investment Corporation (Garden State) in federal district court. In its complaint, MCI alleges it provided services to Garden State for two years under the terms and conditions of MCI Federal Communications Commission (FCC) Tariff No. 1, but Garden State failed to pay for MCI's services as the tariff requires. MCI alleges that § 203 of the Communications Act of 1934, 47 U.S.C. § 203 (1988), requires MCI to collect the charges specified in the tariff. MCI seeks to recover for its services based on those charges. MCI alleges its action arises under an act of Congress regulating commerce, and thus, federal jurisdiction exists under 28 U.S.C. § 1337(a). The district court dismissed MCI's complaint sua sponte for lack of federal subject matter jurisdiction. MCI Telecommunications Corp. v. Garden State Inv. Corp., 791 F. Supp. 785, 788 (D. Minn. 1992). In the district court's view, the face of MCI's complaint did not allege a specific violation of the Communications Act and there is no need for uniform federal common law governing claims to collect unpaid telecommunication service charges. Id. at 787. MCI appeals. We reverse and remand.