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IN RE AIRADIGM COMMUNICATIONS, INC.

Nos. 07-3863, 07-3864.

547 F.3d 763 (2008)

In re AIRADIGM COMMUNICATIONS, INC., Debtor. Airadigm Communications, Inc. and Telephone and Data Systems, Inc., Appellants, v. Federal Communications Commission, Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 29, 2008.

Attorney(s) appearing for the Case

Jeffrey Clair (argued), Department of Justice, Washington, DC, for Appellee.

Kathryn A. Pamenter (argued), Ronald Barliant, Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Chicago, IL, Catherine J. Furay (argued), Murphy Desmond, Madison, WI, for Appellants.

Before CUDAHY, FLAUM, and ROVNER, Circuit Judges.

FLAUM, Circuit Judge.

Debtor-appellant Airadigm Communications, Inc. purchased fifteen personal communications services ("PCS") licenses in 1996 through FCC auctions. It planned to pay for these licenses in installments. Unable to meet its payment obligations, Airadigm filed for Chapter 11 bankruptcy in 1999. Its plan of reorganization, confirmed on November 15, 2000, was dependent upon financing by Telephone and Data Systems ("TDS"). The reorganization plan provided...

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