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GTE WIRELESS, INC. v. CELLEXIS INTERN., INC.

No. 02-2174.

341 F.3d 1 (2003)

GTE WIRELESS, INC., f/k/a GTE Mobilnet Service Corp., a Delaware Corporation, Plaintiff, Appellant, v. CELLEXIS INTERNATIONAL, INC., an Arizona Corporation and FReedom Wireless, Inc., a Nevada Corporation, Defendants, Appellees, and Douglas V. Fougnies, Defendant.

United States Court of Appeals, First Circuit.

Decided August 14, 2003.

Attorney(s) appearing for the Case

Scott G. Lindvall, with whom Patricia J. Clarke, Darby & Darby P.C., Douglas J. Kline, Jennifer L. Conrad, Testa, Hurwitz & Thibeault, LLP, were on brief, for appellant.

Shaun P. Martin, with whom A. William Urquhart, Marshall M. Searcy III, Quinn Emanuel Urquhart Oliver & Hedges, LLP, F. Dennis Saylor, IV, Cheryl R. Brunetti, and Goodwin Procter LLP, were on brief, for appellees.

Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and LYNCH, Circuit Judge.

TORRUELLA, Circuit Judge.

On behalf of its affiliate Cellco Partnership ("Cellco"), appellant GTE Wireless sought enforcement of a 1996 covenant not to sue that GTE Mobilnet Services Corporation and GTE Corporation (collectively "GTE")1 made with appellee Cellexis International, Inc. ("Cellexis").2 On cross-motions for summary judgment, the district court granted summary judgment for Cellexis, finding that...

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