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AIRADIGM COMMUNICATIONS, INC. v. F.C.C.

No. 06-155.

372 B.R. 894 (2006)

AIRADIGM COMMUNICATIONS, INC., Plaintiff, v. FEDERAL COMMUNICATIONS COMMISSION, Defendant.

United States Bankruptcy Court, W.D. Wisconsin.

October 27, 2006.

Attorney(s) appearing for the Case

Kathryn A. Pamenter, Ronald Barliant, Chicago, IL, for Plaintiff.

Rodney Allen Morris, US Dept of Justice, Civil Division, Mary A. DeFalaise, Washington, DC, for Defendant.

MEMORANDUM DECISION

ROBERT D. MARTIN, Bankruptcy Judge.

The parties to this adversary proceeding have filed cross-motions for summary judgment, asking two questions left unanswered by the Supreme Court's 2003 decision in Federal Communications Commission v. NextWave Personal Communications, Inc., 537 U.S. 293, 123 S.Ct. 832, 154 L.Ed.2d 863 (2003). The questions, broadly stated...

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