III. The Change in Complainants

At the time the motions to dismiss of Call America, Execuline et al., and Pacific were filed, both Westcom and Sunde were named in the fourth and fifth amended complaints as complainants. The sixth amended complaint, which was submitted for filing on June 23, 1995, purports to remove Sunde as a complainant. The sixth amended complaint was filed after the three motions to dismiss had been filed.

For purposes of the three motions to dismiss, we shall treat Westcom and Sunde as the complainants because both Sunde and Westcom were named as complainants at the time the three motions to dismiss were filed. As for the effectiveness of the sixth amended complaint, that issue is discussed later in this decision.