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U.S. CELLULAR v. SOUTHWESTERN BELL MOBILE

Nos. 96-6140, 96-6146, 96-6294.

124 F.3d 180 (1997)

UNITED STATES CELLULAR INVESTMENT COMPANY OF OKLAHOMA CITY, INC., an Oklahoma corporation, Plaintiff-Appellee and Cross-Appellant, v. SOUTHWESTERN BELL MOBILE SYSTEMS, INC., a Delaware and Virginia corporation, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

September 17, 1997.

Attorney(s) appearing for the Case

G. Blaine Schwabe, III (Sarah A. Hall and J. Matthew Thompson, with him on the briefs) of Gable, Gotwals, Mock, Schwabe, P.C., Oklahoma City, OK, for Plaintiff-Appellee/Cross-Appellant.

Dennis G. Lyons of Arnold & Porter, Washington, DC (Carol L. Tacker, Dallas, TX; Kenneth N. McKinney and Charles C. Green of McKinney, Stringer & Webster, P.C., Oklahoma City, OK; James E. Scarboro of Arnold & Porter, Denver, CO; and Norman M. Sinel, Patrick J. Grant, Ellen T. Noteware, and Paul S. Feira, Of Counsel, Arnold & Porter, Washington, DC, with him on the briefs), for Defendant-Appellant/Cross-Appellee.

Before TACHA, BALDOCK, and KELLY, Circuit Judges.

BALDOCK, Circuit Judge, dissenting from an unpublished order and judgment.

The court's opinion, 1997 WL 575820, would be absolutely correct if, as the court concludes, USC-OK's action against SWBS is a direct one. Unfortunately, the court's conclusion is erroneous. USC-OK's action is derivative in nature. Because the action is derivative, an indispensable party, namely the OKC Partnership, was not before the district court. Because the joinder of the Partnership would...

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