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JAMES v. McCAW CELLULAR COMMUNICATIONS, INC.

No. 92-1657.

988 F.2d 583 (1993)

George F. JAMES, Plaintiff-Appellant, v. McCAW CELLULAR COMMUNICATIONS, INC. et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 20, 1993.

Attorney(s) appearing for the Case

Donald H. Ray, Lane, Ray, Getchell, & Wilson, Ft. Worth, TX, for plaintiff-appellant.

Steven Brown, Monroe, Stokes, Eitelbach & Lawrence, Seattle, WA, for defendants-appellees.

Before KING and EMILIO M. GARZA, Circuit Judges, and COBB, District Judge.

COBB, District Judge:

I.

BACKGROUND

In 1986, the Federal Communications Commission (FCC) conducted lotteries for the right to acquire cellular telephone licenses in various areas. With the exception of the thirty largest metropolitan statistical areas (MSAs), the FCC would grant two licenses in each MSA; one to the local telephone company, and another to the winner of an FCC lottery covering the particular...

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