Comwest, Inc. v. American Operator Services, Inc.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS PLAINTIFF’S FIRST, SECOND, FOURTH, FIFTH, SIXTH, AND SEVENTH CLAIMS FOR RELIEF

I. FACTS AND PROCEDURAL HISTORY

The dispute in this case arose in the context of a judicially mandated presub-scription of public pay telephones for long distance service. On October 14, 1988, the United States District Court for the District of Columbia ordered that all long distance carriers be given equal access to public pay telephones. United States v. Western Electric Co., Inc., 698 F.Supp. 348 (D.D.C.1988). Pursuant to the order, the owners of the premises on which the pay telephones were located were entitled to select or “presubscribe” a long distance carrier.

On June 6, 1989, plaintiff Comwest, Inc. and defendant National Telephone Services, Inc. (“NTS”) entered into two independent sales contractor agreements whereby NTS retained Comwest to assist NTS in its effort to presubscribe premises owners to NTS long distance service. Under the Independent Contractor’s Agreement, Com-west agreed to become an independent sales representative for NTS in presub-scribing public pay telephones for NTS service. The contract provided that NTS would pay Comwest…