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METRO MOBILE CTS, INC. v. NEWVECTOR COMMUNICATIONS, INC.

No. 87-2242.

892 F.2d 62 (1989)

METRO MOBILE CTS, INC., et al.; Metro Mobile CTS of Phoenix, Inc., Plaintiffs-Appellants, v. NEWVECTOR COMMUNICATIONS, INC., et al., and NewVector Retail Service, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated January 27, 1988.

Resubmitted September 7, 1989.

Decided December 20, 1989.

Attorney(s) appearing for the Case

W. Stephen Sockwell, Fleischman and Walsh, P.C., Washington, D.C., for plaintiffs-appellants.

James R. Martin, Mark Erich Weber, Gibson, Dunn & Crutcher, Los Angeles, Cal., Michael M. Grant, Johnston Maynard Grant & Parker, Phoenix, Ariz., for defendants-appellees.

Before NELSON, HALL and KOZINSKI, Circuit Judges.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Plaintiffs-appellants, Metro Mobile CTS, Inc., and Metro Mobile CTS of Phoenix, Inc., ("Metro Mobile") appeal the district court's decision to grant summary judgment in favor of defendants-appellees, NewVector Communications, Inc. and NewVector Retail Services, Inc., ("NewVector"). Metro Mobile's complaint alleged that throughout the period in which NewVector enjoyed a "headstart" over its only other competitor (Metro Mobile) in...

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