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VIA FONE, INC. v. WESTERN WIRELESS CORP.

No. 00-1070-JTM.

106 F.Supp.2d 1147 (2000)

VIA FONE, INC., Plaintiff, v. WESTERN WIRELESS CORPORATION, Voicestream Wireless Corporation, Voicestream Wireless Holding Corporation and Omnipoint Communications Enterprises, Inc., Defendants.

United States District Court, D. Kansas.

July 11, 2000.

Attorney(s) appearing for the Case

Joseph H. Cassell, Kevin Todd Stamper, Cassell & Lower, L.L.C., Wichita, KS, for plaintiff.

Gary M. Austerman, Christopher A. McElgunn, Klenda, Mitchell, Austerman & Zuercher, L.L.C., Wichita, KS, for defendant.

MEMORANDUM AND ORDER

MARTEN, District Judge.

This matter is before the court on the defendants' motion to dismiss, or in the alternative, to stay action and compel arbitration. The motion is fully briefed and ripe for the court's consideration. The court has carefully considered the parties' submissions, and for the reasons set forth below grants the defendants' motion.

I. Motion to Dismiss Standards

In ruling on a motion to dismiss...

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