United States Second Circuit

In an action against AT&T alleging breach of contract, tortious interference with contractual relations, and an entitlement to fees pursuant to the International Telecommunications Regulations Act, summary judgment for defendant is affirmed where: 1) nothing in the parties' agreement required the parties to do business with one another at all -- it was not a requirements contract, and it imposed no minimum volume; 2) AT&T's payment obligation was to a third-party carrier, and that third-party carrier was in turn responsible for paying plaintiff -- AT&T was not responsible for paying plaintiff directly; and 3) the International Telecommunications Regulations did not create a private right of action.

Appellate Information

• Argued 02/04/2010
• Decided 05/27/2010
• Published 05/27/2010

Judges

• DENNIS JACOBS, Chief Judge:, Before JACOBS, Chief Judge, POOLER and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David J. Edwards (Paul J. Yesawich, III, James P. Nonkes, on the brief), Harris Beach PLLC, Pittsford, NY, for Appellant.


• For Appellees:
  
• Suzanne L. Montgomery, AT & T Services, Inc., Bedminster, New Jersey; Henry Guy Burnett, Sarah E. O'Connell (on the brief), Fulbright & Jaworski L.L.P., New York, NY, for Appellee.