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OMNIPOINT COMMUNICATIONS INC. v. COMI

No. 1:99-CV-1952 (RFT).

233 F.Supp.2d 388 (2002)

OMNIPOINT COMMUNICATIONS INC., Plaintiff, v. Richard COMI; Comi Telecommunications; Lawrence Monroe aka Rusty Monroe; and Monroe Telcom Associates, LLC, Defendants.

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

November 20, 2002.

Attorney(s) appearing for the Case

Hodgson Russ LLP, Buffalo, NY (Daniel A. Spitzer, of counsel), for Plaintiff.

Girvin & Ferlazzo, P.C., Albany, NY (Christopher P. Langlois, of counsel), for Defendants.

MEMORANDUM-DECISION AND ORDER

TREECE, United States Magistrate Judge.

Plaintiff Omnipoint Communications, Inc., ("Omnipoint"), brings this action pursuant to the Telecommunications Act of 1996 ("the Act"), 47 U.S.C. § 253(a) and 42 U.S.C. § 1983. Omnipoint moves for partial summary judgment on the issue of liability pursuant to Fed.R.Civ.P. 56(a).1 Docket Nos. 22-26. Defendants Richard Comi, Comi Telecommunications...

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