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IN RE MAGNACOM WIRELESS, LLC

No. 05-35839.

503 F.3d 984 (2007)

In re MAGNACOM WIRELESS, LLC, Debtor, Donald A. Thacker, Appellant, v. Federal Communications Commission; United States of America, Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 17, 2007.

Attorney(s) appearing for the Case

Donald B. Verrilli, Jr. and William M. Hohengarten, Jenner & Block, LLP, Washington, DC, for the plaintiff-appellant.

John S. Riper and Joseph M. Campos, Stanislaw Ashbaugh, LLP, Seattle, WA, for the trustee.

Peter D. Keisler, Assistant Attorney General, John McKay, United States Attorney, William Kanter, and H. Thomas Byron III, Department of Justice, Civil Division, Washington, DC, for the defendants-appellees.

Before: BETTY B. FLETCHER, HARRY PREGERSON, and SANDRA S. IKUTA, Circuit Judges.

IKUTA, Circuit Judge:

This appeal requires us to consider the effect of the Federal Communications Commission's ("FCC") cancellation of licenses held by a licensee in bankruptcy proceedings. Donald Thacker, in his capacity as trustee to the bankruptcy estate of Magnacom Wireless, LLC ("Magnacom"), appeals the district court's decision to deny his claim to the proceeds from the FCC's auction of new licenses for the radio spectrum previously covered by Magnacom's cancelled...

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