TELESAURUS VPC, LLC v. POWER

No. 09-15446.

623 F.3d 998 (2010)

TELESAURUS VPC, LLC, a Delaware Limited Liability Company, Plaintiff-Appellant, v. Randy POWER, an individual; Patricia A. Power, an individual; Radiolink Corporation, Defendants-Appellees, v. Industrial Telecommunications Association, Inc., a Virginia corporation; EWA, Inc., a Virginia corporation, d/b/a Enterprise Wireless Alliance, Third-Party-Defendant-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 8, 2010.


Attorney(s) appearing for the Case

Patrick J. Richard , Nossaman LLP, San Francisco, CA, for the appellant.

Kathi Mann Sandweiss and Roger L. Cohen , Jaburg & Wilk, P.C., Phoenix, AZ, for the appellees.

Before: JOHN T. NOONAN, MARSHA S. BERZON and SANDRA S. IKUTA, Circuit Judges.


OPINION

IKUTA, Circuit Judge:

In this appeal, we hold that the complaint filed by Telesaurus VPC, LLC ("Telesaurus") against Radiolink Corporation ("Radiolink") did not allege facts sufficient to establish that Radiolink is a "common carrier" subject to suit under the Federal Communications Act of 1934 ("FCA"), 47 U.S.C. §§ 206-07. We therefore affirm the district court's dismissal of Telesaurus's FCA claims, but conclude

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