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CELLCO PARTNERSHIP v. HATCH

No. 04-3198.

431 F.3d 1077 (2005)

CELLCO PARTNERSHIP, doing business as Verizon Wireless; Verizon Wireless, doing business as Verizon Wireless, (VAW) L.L.C.; Duluth MSA, doing business as Verizon Wireless, Limited Partnership; Midwest Wireless Holdings, L.L.C.; Midwest Wireless Communications, L.L.C.; American Cellular Corporation; Rural Cellular Corporation, doing business as Cellular 2000; Sprint Spectrum L.P.; AT & T Wireless Services of Minnesota, Inc.; Voicestream Minneapolis, Inc.; T-Mobile USA, Inc., Appellants, v. Mike HATCH, in his official capacity as Attorney General of Minnesota and not as an individual, Appellee. Cellular Telecommunications & Internet Association; Federal Communications Commission, Amici on Behalf of Appellant, AARP; National Association of State Utility Consumer Advocates; National Association of Consumer Advocates, Amici on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 9, 2005.

Attorney(s) appearing for the Case

Andrew G. McBride, Washington DC, argued, for appellant.

Jacob M. Lewis, Minneapolis, MN, argued, for amici.

Brian Hans Sande, Asst. Atty. Gen., St. Paul, MN, argued, for appellee.

Before WOLLMAN, BYE, and COLLOTON, Circuit Judges.

COLLOTON, Circuit Judge.

Cellco Partnership and its co-appellants (collectively, "Cellco") appeal from the district court's partial denial of their request for a preliminary injunction against implementation and enforcement of Minnesota Statutes § 325F.695 ("Article 5").1 The district court ruled that Cellco's claims — that Article 5 was preempted and that the statute was unconstitutionally...

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