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SHUBERT v. METROPHONE, INC.

Nos. 89-1671, 89-1801.

898 F.2d 401 (1990)

Steven SHUBERT, Appellant in No. 89-1671 v. METROPHONE, INC. and Awacs, Inc., d/b/a Metrophone and all subsidiaries, affiliates, divisions and parent entities. Gerard A. MARGIOTTI, M.D., Appellant in No. 89-1801 v. BELL ATLANTIC CORP. d/b/a Bell Atlantic Mobile Systems, and all subsidiaries, affiliates, divisions and parent entities.

United States Court of Appeals, Third Circuit.

Decided March 20, 1990.

Attorney(s) appearing for the Case

Ronald Jay Smolow (argued), Smolow & Landis, Trevose, Pa., Steven P. Burkett, Krimsky, Levy, Angstreich, Finney, Mann & Burkett, Philadelphia, Pa., for appellants.

John G. Harkins, Jr. (argued), Ellen Kittredge Scott, Jody Marcus, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellees Metrophone, Inc. and Awacs, Inc.

Nancy J. Gellman (argued), Conrad & O'Brien, Philadelphia, Pa., for appellee Bell Atlantic Corp.

Before GREENBERG, SCIRICA and SEITZ, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

By this opinion we dispose of consolidated appeals from orders dismissing two actions brought in the United States District Court for the Eastern District of Pennsylvania on behalf of subscribers to cellular phone service systems.1 The appellants, Steven Shubert and Gerard A. Margiotti, who are such subscribers, alleged that their service providers, the appellees, Metrophone Inc...

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