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McZEAL v. SPRINT NEXTEL CORP.

No. 2006-1548.

501 F.3d 1354 (2007)

Alfred McZEAL, Jr. (doing business as International Walkie Talkie), Plaintiff-Appellant, v. SPRINT NEXTEL CORPORATION and Nextel Communications, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

September 14, 2007.

Attorney(s) appearing for the Case

Alfred McZeal Jr., of Houston, TX, pro se.

L. Gene Spears, Baker Botts, L.L.P., of Houston, TX, for defendants-appellees. With him on the brief was Michael B. Bennett.

Before MICHEL, Chief Judge, ARCHER, Senior Circuit Judge, and DYK, Circuit Judge.

Opinion for the court filed by Senior Circuit Judge ARCHER. Concurring-in-part and dissenting-in-part opinion filed by Circuit Judge DYK.

ARCHER, Senior Circuit Judge.

Alfred McZeal, Jr. ("McZeal") appeals the judgment of the United States District Court for the Southern District of Texas dismissing his complaint for failure to state a claim. McZeal v. Sprint Nextel Corp., No. H-06-1775, 2006 WL 4792779 (S.D.Tex. June 20, 2006). Because McZeal met the...

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