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NEXTG NETWORKS OF NY, INC. v. CITY OF NEW YORK

Docket No. 06-5696-cv.

513 F.3d 49 (2008)

NEXTG NETWORKS OF NY, INC., Plaintiff-Appellant, v. CITY OF NEW YORK, City of New York Department of Information Technology and Telecommunications and Paul J. Cosgrave, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 15, 2008.

Attorney(s) appearing for the Case

T. Scott Thompson (David M. Shapiro on the brief), Davis Wright Tremaine LLP, Washington, D.C., for Plaintiff-Appellant.

Karen M. Griffin, Assistant Corporation Counsel (Francis F. Caputo, Bruce Regal, Diana M. Murray on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, N.Y., for Defendants-Appellees.

Before: KEARSE and HALL, Circuit Judges, and RAKOFF, District Judge.

RAKOFF, District Judge.

Plaintiff-appellant NextG Networks of NY, Inc. ("NextG") appeals from a judgment of the United States District Court for the Southern District of New York (Berman, J.), granting summary judgment in favor of the defendants-appellees (collectively, "the City").

Broadly speaking, this case concerns whether the City has impeded NextG's access to the New York City telecommunications market by unlawfully denying NextG the use of City-owned...

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