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IN RE NEXTWAVE PERSONAL COMMUNICATIONS, INC.

Docket No. 99-5063.

200 F.3d 43 (1999)

In re NEXTWAVE PERSONAL COMMUNICATIONS, INC. Debtor. Federal Communications Commission, Appellant, v. NextWave Personal Communications, Inc., Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 22, 1999.

Attorney(s) appearing for the Case

Daniel S. Alter, Assistant United States Attorney, New York, N.Y. (Mary Jo White, United States Attorney for the Southern District of New York and Gideon A. Schor, Assistant United States Attorney, Of Counsel), for Appellant.

Deborah L. Schrier-Rape, Andrews & Kurth L.L.P., Dallas, TX (Gregory H. Bevel, Michelle V. Larson and James P. Muenker, Of Counsel), for Appellee.

David M. Friedman, Kasowitz, Benson, Torres & Friedman L.L.P., New York, NY, for amicus curiae Official Committee of Unsecured Creditors.

Anthony A. Dean, Windels, Marx, Davies & Ives, New York, N.Y. (Charles E. Simpson, Of Counsel), for amicus curiae Urban Comm-North Carolina, Inc.

Before: McLAUGHLIN, JACOBS and SACK, Circuit Judges.

PER CURIAM.

The Federal Communications Commission (the "FCC") appeals from an order of the United States District Court for the Southern District of New York (Charles L. Brieant, Judge), NextWave Personal Communications, Inc. v. FCC (In re NextWave Personal Communications, Inc.), 241 B.R. 311 (S.D.N.Y. 1999), affirming five decisions and orders of the United States Bankruptcy Court for the Southern District of New York...

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