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SPRINT SPECTRUM L.P. v. MILLS

No. 99 Civ. 1041(BDP).

65 F.Supp.2d 161 (1999)

SPRINT SPECTRUM L.P. d/b/a Sprint PCS Plaintiffs, v. Richard P. MILLS, individually and as commissioner of the New York State Department of Education, Charles A. Szuberla, individually and as Coordinator, Facilities Management and Information Services of the New York State Department of Education, and Carl T. Thurnau, individually and as Acting Supervisor of the New York State Department of Education, Office of Facilities Planning, Defendants.

United States District Court, S.D. New York.

August 27, 1999.

Attorney(s) appearing for the Case

David L. Snyder, Snyder & Snyder, White Plains, NY, for Plaintiffs.

Lynette P. Phillips, New York State Attorney General's Office, New York City, for Defendants.

MEMORANDUM DECISION AND ORDER

BARRINGTON D. PARKER, Jr., District Judge.

Plaintiff, Sprint Spectrum, L.P. ("Sprint"), commenced this action under the Federal Telecommunications Act of 1996 and 42 U.S.C. § 1983 alleging violations of the Act as well as of various constitutional provisions. Before this Court is defendants' motion to dismiss the complaint for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Since plaintiff has stated a claim...

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