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FETTERMAN v. GREEN

455 Pa.Super. 639 (1997)

689 A.2d 289

Robert FETTERMAN, d/b/a RF Communications, Appellant, v. Robert GREEN, Green's Communications, Inc. and Schuylkill Mobile Fone, Inc., d/b/a K-Comm, Appellees.

Superior Court of Pennsylvania.

Filed February 4, 1997.

Attorney(s) appearing for the Case

Kenneth B. Young, Williamsport, for appellant.

Joseph A. Lach, Wilkes-Barre, for appellee.

Before CIRILLO, President Judge Emeritus, and DEL SOLE and OLSZEWSKI, JJ.

OLSZEWSKI, Judge:

Who decides who controls the airways? That is the question. This appeal presents us with an issue of first impression in our jurisdiction; namely, whether the Federal Communications Act (FCA) has preempted common law claims based upon radio frequency interference, thus divesting state courts of the proper subject matter jurisdiction to entertain the claims. The trial court in this matter determined...

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