In action alleging breach of Tandem Service Agreement between instant telecommunications entities that concerned services associated with placement of long-distant telephone calls, as well as breach of federal and state tariffs, Dist. Ct. erred in entering partial final judgment under Rule 54(b) in favor of plaintiff in its breach of tariffs claims. Said order did not qualify as “final” order for purposes of appeal under Rule 54(b), where: (1) defendant’s counterclaims for breach of federal and state tariffs had been stayed and referred to FCC for consideration; (2) plaintiff’s tariff claims were factually interrelated with defendant’s tariff claims that had been referred to FCC; and (3) FCC resolution of defendant’s tariff claims could undercut Dist. Ct.’s resolution of plaintiff’s tariff claims, and there was likelihood that Ct. of Appeals would be required to revisit tariff issue once Dist. Ct. eventually resolved defendant’s tariff claims. Also, Dist. Ct. erred in granting plaintiff’s summary judgment on its breach of contract claim regarding allegation that defendant failed to pay what was owed under said contract, where there was factual conflict as to whether plaintiff had ever identified any unpaid invoices that had been submitted to defendant.
Federal 7th Circuit Court
Civil Court
Appellate Jurisdiction