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BROOKS FIBER COMMUNICATIONS OF TUCSON, INC. v. GST TUCSON LIGHTWAVE, INC.

No. CV 95-655 TUC JMR.

992 F.Supp. 1124 (1997)

BROOKS FIBER COMMUNICATIONS OF TUCSON, INC., a Delaware Corporation, Plaintiff, v. GST TUCSON LIGHTWAVE, INC., an Arizona Corporation, Intervenor-Defendant. GST TUCSON LIGHTWAVE, INC., an Arizona Corporation, Counterclaimant, v. BROOKS FIBER COMMUNICATIONS OF TUCSON, INC., a Delaware Corporation, Counterdefendant.

United States District Court, D. Arizona.

December 23, 1997.

Attorney(s) appearing for the Case

Stephen M. Dichter, Margaret R. Mahoney, Bryan Cave LLP, Phoenix, AZ, E. Perry Johnson, Leo J. Asaro, Bryan Cave LLP, St. Louis, MO, for Counterdefendants Brooks Fiber Properties, Inc. and Brooks Fiber Communications of Tucson, Inc.

Belin Lamson McCormick Zumbach Flynn, Des Moines, IA, Edward M. Mansfield, Nancy M. Coomer, Tucson, AZ, for Counterclaimant.

ORDER

ROLL, District Judge.

Pending before the Court are the following motions: 1) Counterclaimant GST Tucson Lightwave's (Lightwave) Motion for Summary Judgment on Count One of its counterclaim; 2) Counterdefendant Brooks Fiber Communications' (Brooks) Motion for Summary Judgment on all counterclaims; and 3) Brooks' Motion to Exclude the Expert Testimony of Christopher Pflaum.

For the reasons set forth below, all motions for summary judgment...

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