MEMORANDUM AND ORDER
HEYBURN, Chief Judge.
Defendants GTE Wireless, Inc. ("GTE") and Crown Communications, Inc. ("Crown"), have moved this Court to alter, amend or vacate its April 1, 2003, order. The Court has carefully considered the arguments presented by both sides. For the reasons discussed below, the Court will alter its order and deny the parties' cross-motions for summary judgment as to Count II.
I.
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