MCI Telecomm. Corp. v. Garden State Inv. Corp., Doing Bus. as Adventures in Achievement, 981 F.2d 385 (8th Cir. 1992). · Go Syfert
MCI Telecomm. Corp. v. Garden State Inv. Corp., Doing Bus. as Adventures in Achievement, 981 F.2d 385 (8th Cir. 1992). Cases Citing This Book View Copy Cite
G Cite
cited 7× by 7 distinct cases, 1997–2019 · 6 courts↓ Fading · …federal tariffs are the law, not mere contracts. at p. 387 Topic ↗
cited 5× by 4 distinct cases, 2004–2016 · 3 courts↓ Fading · …federal tariffs are the law, not mere contracts at p. 387 Topic ↗
86 citation events (30 in the last 25 years) across 26 distinct courts.
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) In re: FirstEnergy Solutions Corp.
6th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
federal tariffs are the law, not mere contracts.
discussed Cited as authority (verbatim quote) Joseph R.. Evanns v. At&T Corporation
9th Cir. · 2000 · quote attribution · 1 verbatim quote · confidence high
federal tariffs are the law, not mere contracts.
discussed Cited as authority (rule) Washington-St. Tammany Electric Cooperative, Inc. v. Louisiana Generating, LLC
M.D. La. · 2020 · confidence medium
Corp., 981 F.2d 385, 388 (8th Cir. 1992) (“ Because the service relationship . . . arises under the Communications Act and the tariff required by the Act, we conclude the district court had subject matter jurisdiction over [the] lawsuit under 28 U.S.C. § 1337 (a).
cited Cited as authority (rule) Great Lakes Gas Transmission Ltd. Partnership v. Essar Steel Minnesota LLC
8th Cir. · 2016 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir. 1992) (explaining that “federal tariffs are the law, not mere contracts”).
cited Cited as authority (rule) Southwestern Bell Telephone Co. v. V247 Telecom LLC
N.D. Tex. · 2016 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992); see also Am.
discussed Cited as authority (rule) Moore Ex Rel. D.S. v. Kansas City Public Schools
8th Cir. · 2016 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir. 1992); M.P., 439 F.3d at 868 (explaining the “IEP process” involves “individual identification, evaluation, educational placement, and free, appropriate education (FAPE) decisions”); Evergreen Sch.
cited Cited as authority (rule) US Airways, Inc. v. Qwest Corp.
Ariz. Ct. App. · 2015 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992).
examined Cited as authority (rule) Great Lakes Gas Transmission Ltd. Partnership v. Essar Steel Minnesota, LLC (3×) also: Cited "see"
D. Minnesota · 2015 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992) (explaining that “federal tariffs are the law, not mere contracts”).
cited Cited as authority (rule) Qwest Communications Co. v. Free Conferencing Corp.
D. Minnesota · 2014 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992) (describing federal tariffs as “the law, not mere contracts[ ]”).
cited Cited as authority (rule) Northern Valley Communications, LLC v. Qwest Communications Corp.
D.S.D. · 2009 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992).
cited Cited as authority (rule) Northern Valley Communications, LLC v. AT & T Corp.
D.S.D. · 2009 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992).
discussed Cited as authority (rule) Firstcom, Inc. v. Qwest Corporation (2×)
8th Cir. · 2009 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir. 1992) (“Section 414 preserves causes of action for breaches of duties that are not created under the Communications Act.” (emphasis added)); Comtronics, Inc. v. Puerto Rico Tel.
discussed Cited as authority (rule) Firstcom, Inc. v. Qwest Corp.
8th Cir. · 2009 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992) (“Section 414 preserves causes of action for breaches of duties that are not created under the Communications Act.” (emphasis added)); Comtronics, Inc. v. Puerto Rico Tel.
discussed Cited as authority (rule) Firstcom, Inc. v. Qwest Communications (2×)
D. Minnesota · 2007 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992).
cited Cited as authority (rule) Iowa Network Services, Inc. v. Qwest Corp.
S.D. Iowa · 2005 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992); Bryan v. BellSouth Communications, Inc., 377 F.3d 424 (4th Cir.2004); Evanns v. AT&T Corp., 229 F.3d 837 , 840 (9th Cir.2000); Fax Telecomms.
cited Cited as authority (rule) Dreamscape Design v. Affinity Network Inc
7th Cir. · 2005 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir. 1992).
cited Cited as authority (rule) Dreamscape Design, Inc. v. Affinity Network, Inc.
7th Cir. · 2005 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992).
cited Cited as authority (rule) Qwest Corp. v. AT & T CORP.
D. Colo. · 2005 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992).
discussed Cited as authority (rule) Tomi White Bryan, Individually and on Behalf of All Others Similarly Situated v. Bellsouth Communications, Incorporated (2×)
4th Cir. · 2004 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992) (observing that "federal tariffs are the law, not mere contracts").
cited Cited as authority (rule) Bryan v. BellSouth Communications Inc
4th Cir. · 2004 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir. 1992) (observing that "federal tariffs are the law, not mere contracts").
cited Cited as authority (rule) Evanns v. AT&T Corp.
9th Cir. · 2000 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992) ("[F]ederal tariffs are the law, not mere contracts.”); Carter v. American Tel. & Tel.
cited Cited as authority (rule) Bell Atlantic-Virginia, Inc. v. WorldCom Technologies of Virginia, Inc.
E.D. Va. · 1999 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992).
discussed Cited as authority (rule) MFS International, Inc. v. International Telcom Ltd. (2×)
E.D. Va. · 1999 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992).
cited Cited as authority (rule) Fax Telecommunicaciones Inc. v. At&t, Michael Gilmartin and Richard Stotts
2d Cir. · 1998 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992); Carter v. American Tel. & Tel.
discussed Cited as authority (rule) Marcus v. AT&T Corp. (2×) also: Cited "see, e.g."
2d Cir. · 1998 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992).
discussed Cited as authority (rule) Suzanne Cahnmann, on Behalf of Herself and All Others Similarly Situated v. Sprint Corporation
7th Cir. · 1998 · confidence medium
See, for the general proposition, Nader v. Allegheny Airlines, Inc., 426 U.S. 290, 298-300 , 96 S.Ct. 1978, 1984-85 , 48 L.Ed.2d 643 (1976); Pennsylvania R.R. v. Puritan Coal Mining Co., 237 U.S. 121, 129-30 , 35 S.Ct. 484, 487 , 59 L.Ed. 867 (1915), and Texas & Pacific Ry. v. Abilene Cotton Oil Co., 204 U.S. 426, 446 , 27 S.Ct. 350, 357 , 51 L.Ed. 553 (1907) (“the act cannot be held to destroy itself’), and for its application to section 414 of the Communications Act Broyde v. Gotham Tower, Inc., 13 F.3d 994, 997 (6th Cir.1994), and MCI Telecommunications Corp. v. Garden State Investment …
cited Cited as authority (rule) MCI Telecommunications Corp. v. Value Call International, Inc.
D. Kan. · 1997 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992) (“federal tariffs are the law, not mere contracts.”).
cited Cited as authority (rule) MCI Telecommunications Corp. v. Happy the Glass Man, Inc.
E.D. Ky. · 1997 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992)).
discussed Cited as authority (rule) Zimmer Radio of Mid-Missouri, Inc. v. Lake Broadcasting, Inc. (2×) also: Cited "see"
Mo. Ct. App. · 1997 · confidence medium
MCI Telecommunications v. Garden State Inv., 981 F.2d 385, 387 (8th Cir.1992); Comtronics, Inc. v. Puerto Rico Tel.
cited Cited as authority (rule) American Telephone & Telegraph Co. v. City of New York
2d Cir. · 1996 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992).
discussed Cited as authority (rule) MCI Telecommunications Corporation v. Teleconcepts, Incorporated, Defendant/third-Party v. Bell of Pennsylvania, Third-Party Teleconcepts, Incorporated
3rd Cir. · 1995 · confidence medium
Although a user's refusal to pay charges fixed by a tariff will often arise in the context of a broken contract, the carrier's claim for payment is necessarily based on the filed tariff. 36 Id. at 387 (citations omitted). 37 In analogous circumstances, the United States Court of Appeals for the Sixth Circuit reversed the district court's sua sponte dismissal for lack of federal jurisdiction in MCI Telecommunications Corp. v. Graham, supra. The court held that MCI's ability to sue was based upon its FCC tariff, and therefore was rooted in federal law.
discussed Cited as authority (rule) MCI Telecommunications Corp. v. Teleconcepts, Inc. (2×)
3rd Cir. · 1995 · confidence medium
Id. at 387 (citations omitted).
cited Cited as authority (rule) Pay Phone Concepts, Inc. v. MCI Telecommunications Corp.
D. Kan. · 1995 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992)).
cited Cited as authority (rule) MCI Telecommunications Corp. v. O'Brien Marketing, Inc.
S.D. Fla. · 1995 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992) (same). 3 .
cited Cited as authority (rule) KVHP TV PARTNERS, LTD. v. Channel 12 of Beaumont, Inc.
E.D. Tex. · 1995 · confidence medium
MCI Telecommunications v. Garden State Investment Corp., 981 F.2d 385, 387 (8th Cir.1992) (citing Comtronics, Inc. v. Puerto Rico Tele.
cited Cited as authority (rule) KVHP TV Partners, Ltd. v. Channel 12 of Beaumont, Inc.
E.D. Tex. · 1995 · confidence medium
MCI Telecommunications v. Garden State Investment Corp., 981 F.2d 385, 387 (8th Cir.1992) (citing Comtronics, Inc. v. Puerto Rico Tele.
discussed Cited as authority (rule) MCI Telecommunications Corp. v. United Showcase, Inc.
N.D. Tex. · 1994 · confidence medium
Corp., 981 F.2d 385, 387 (8th Cir.1992). *514 Nor is the AT & T panel opinion inconsistent with the rule in other circuits that recently have reached the same conclusion regarding subject matter jurisdiction under 28 U.S.C. § 1837 .
discussed Cited "see" Mellman v. Sprint Communications Co. (2×) also: Cited "see, e.g."
N.D. Fla. · 1996 · signal: see · confidence high
See MCI Telecommunications Corp. v. Garden State Investment Corp., 791 F.Supp. 785, 788 (D.Minn.1992), rev’d, 981 F.2d at 385 . 9 .In fact, a district court in the Fifth Circuit has also declined to follow Credit Builders, instead relying upon a decision of the former Fifth Circuit.
cited Cited "see" Weinberg v. Sprint Corp.
D.N.J. · 1996 · signal: see · confidence high
See MCI Telecommunications v. Garden State Investment Corp., 981 F.2d 385, 387 (8th Cir.1992) (citing Comtronics, Inc. v. Puerto Rico Tele.
Retrieving the full opinion text from the archive…
MCI TELECOMMUNICATIONS CORPORATION, Appellant,
v.
GARDEN STATE INVESTMENT CORPORATION, Doing Business as Adventures in Achievement, Appellee
92-2636.
Court of Appeals for the Eighth Circuit.
Dec 14, 1992.
981 F.2d 385
Donna M. Roberts, Washington, DC and Carol S. Giuliani, Minneapolis, MN, for appellant., Counsel who represented the appellee was none.
Gibson, Fagg, Bowman.
Cited by 49 opinions  |  Published
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.

Congress has enacted legislation regulating common carriers engaged in interstate telephone transmission. Initially, Congress amended the Interstate Commerce Act to bring communications carriers within the Interstate Commerce Commission’s jurisdiction. Act of June 18, 1910, ch. 309, sec. 7, § 1, 36 Stat. 539, 544-45. Congress later shifted jurisdiction to the FCC by enacting the Communications Act of 1934, Pub.L. No. 73-416, 48 Stat. 1064 (codified as amended at 47 U.S.C. §§ 151-613 (1988)).

Like the Interstate Commerce Act, 49 U.S.C. §§ 10101-11917 (1988), the Communications Act is a comprehensive act of Congress regulating commerce. See Springfield Television, Inc. v. City of Springfield, 428 F.2d 1375, 1378 (8th Cir.1970). The Communications Act requires carriers to provide telephone service when presented with a reasonable request. 47 U.S.C. § 201(a) (1988). Before engaging in interstate communication, however, carriers must file tariffs containing a charge schedule and any classifications, regulations, or practices affecting charges. Id. § 203(a), (c). Carriers must charge reasonable rates, id. § 201(b), and can charge only the rates listed in their tariff, id. § 203(c)(1). Carriers cannot engage in unreasonable or discriminatory practices. See id. §§ 202(a), 203(c). The FCC can assess civil damages against carriers who violate the Act. Id. § 206.

The Interstate Commerce Act and the Communications Act contain similar provisions. Like the Communications Act, the Commerce Act prohibits a carrier from pro[*387] viding services without filing a tariff, 49 U.S.C. § 10761(a) (1988), or from providing services for charges different than the tariff specifies, id. § 10741(a). Because the Communications Act had its genesis in the Interstate Commerce Act and the Acts have similar provisions and objectives, we believe two Supreme Court decisions involving federal jurisdiction under the Interstate Commerce Act are highly persuasive in this case.

In Louisville & Nashville R.R. v. Rice, 247 U.S. 201, 202, 38 S.Ct. 429, 429, 62 L.Ed. 1071 (1918), the Supreme Court held a railroad carrier’s duty to collect and a consignee’s obligation to pay freight charges prescribed by a tariff filed under the Interstate Commerce Act “grow out of and depend upon that act.” The Supreme Court thus concluded federal jurisdiction existed because the suit arose under a law regulating commerce. Id. at 202-03, 38 S.Ct. at 429. In Thurston Motor Lines, Inc. v. Jordan K. Rand, Ltd., 460 U.S. 533, 535, 103 S.Ct. 1343, 1344, 75 L.Ed.2d 260 (1983) (per curiam), the Supreme Court reaffirmed its holding in Rice. The Court in Thurston rejected the Ninth Circuit’s view that a carrier’s action for payment of transportation services was a “ ‘simple contract-collection action.’ ” Id. at 533, 103 S.Ct. at 1343. The Court stated a carrier’s claim for unpaid service charges is necessarily based on the filed tariff rather than an understanding with the shipper. Id. at 535, 103 S.Ct. at 1344.

Relying on the Supreme Court’s decision in Rice, the Second Circuit has held that a claim for unpaid telephone service charges arises under the Communications Act to the extent that the claim relies on tariffs filed with the FCC under § 203. Ivy Broadcasting Co. v. American Tel. & Tel. Co., 391 F.2d 486, 493-94 (2d Cir.1968). The Second Circuit concluded an interstate telephone user's obligation to pay for the service at the tariff rate “ ‘grow[s] out of and depend[s] upon’ the Communications Act in the same way that a shipper’s duty to pay for interstate freight service depends upon the Interstate Commerce Act.” Id. at 494 (quoting Louisville, 247 U.S. at 202, 38 S.Ct. at 429) (footnote omitted). The Second Circuit felt its conclusion was “strengthened by the fact that [in bringing its complaint seeking payment of unpaid charges, the carrier] must establish the applicability and validity of a tariff filed with the FCC, which are federal questions.” Id. We agree with the Second Circuit.

The district court rejected the Second Circuit’s decision in Ivy. In our view, the district court failed to recognize that a claim arises under federal law when a right created by federal law is an essential element of the plaintiff’s action. Phillips Petroleum Co. v. Texaco Inc., 415 U.S. 125, 127, 94 S.Ct. 1002, 1003, 39 L.Ed.2d 209 (1974) (per curiam) (quoting Gully v. First Nat’l Bank, 299 U.S. 109, 112, 57 S.Ct. 96, 97, 81 L.Ed. 70 (1936)). The district court stated MCI’s claim brought under an FCC tariff “is simply a contract action seeking to recover payment for services rendered.” 791 F.Supp. at 787. The district court’s characterization of MCI’s claim overlooks the fact that federal tariffs are the law, not mere contracts. American Tel. & Tel. Co. v. Florida-Tex. Freight, Inc., 357 F.Supp. 977, 979 (S.D.Fla.), aff'd, 485 F.2d 1390 (5th Cir.1973) (per curiam). Although a user’s refusal to pay charges fixed by a tariff will often arise in the context of a broken contract, the carrier’s claim for payment is necessarily based on the filed tariff. Thurston, 460 U.S. at 535, 103 S.Ct. at 1344. The district court was thus confronted with a proposition of federal law in deciding what, if anything, MCI could recover. Id. at 533, 103 S.Ct. at 1343.

Likewise, we believe the district court’s reliance on the Communications Act’s “savings clause,” 47 U.S.C. § 414 (1988), is misplaced. Section 414 preserves causes of action for breaches of duties that are not created under the Communications Act. Comtronics, Inc. v. Puerto Rico Tel. Co., 553 F.2d 701, 708 n. 6 (1st Cir.1977). Here, Garden State’s obligation “to pay for [interstate telephone service] at the rate fixed by tariff ‘grow[s] out of and depend[s] upon’ the Communications Act in the same way that a shipper’s duty to pay for inter[*388] state freight service depends upon the Interstate Commerce Act.” Ivy, 391 F.2d at 494 (quoting Louisville, 247 U.S. at 202, 38 S.Ct. at 429) (footnote omitted). Indeed, the Supreme Court reached its decisions in Rice and Thurston notwithstanding the Interstate Commerce Act’s savings clause, 49 U.S.C. § 10103 (1988), which is similar to the Communications Act’s savings clause.

Because the service relationship between MCI and Garden State arises under the Communications Act and the tariff required by the Act, we conclude the district court had subject matter jurisdiction over MCI’s lawsuit under 28 U.S.C. § 1337(a). Thus, the district court did not need to consider whether there is a need for uniform federal common law as a basis for jurisdiction. See Ivy, 391 F.2d at 493-94. We reverse and remand for reinstatement of MCI’s complaint.