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SPRINT COMMUNICATIONS CO. v. WESTERN INNOVATIONS

No. cv-06-2064-PHX-ROS.

618 F.Supp.2d 1101 (2009)

SPRINT COMMUNICATIONS COMPANY, L.P., Plaintiff, v. WESTERN INNOVATIONS, INC. et al., Defendant.

United States District Court, D. Arizona.

March 9, 2009.

Attorney(s) appearing for the Case

Anthony J. Jorgenson, James J. Proszek, Hall Estill Hardwick Gable Golden & Nelson PC, Tulsa, OK, David Vincent Seyer, Law Offices of David V. Seyer, Tempe, AZ, for Plaintiff.

Stephen D. Hoffman, Denise Michelle Orourke, Lewis Brisbois Bisgaard & Smith LLP, William H. Doyle, Doyle Berman Murdy PC, Phoenix, AZ, for Defendants.

ORDER

ROSLYN O. SILVER, District Judge.

Pending before the Court is Plaintiff's Motion for Partial Summary Judgment (Doc. 156), Haydon Building Corporation's ("Haydon") Motion for Summary Judgment (Doc. 159), and Western Innovations, Inc.'s ("Western") Motion for Partial Summary Judgment (Doc. 164). For the reasons discussed herein, each Motion shall be granted in part and denied in part.

I. BACKGROUND

On April 11, 2005, while excavating...

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