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SIMPLY WIRELESS, INC v. T-MOBILE US, INC

No. 16-1123, No. 16-1166.

877 F.3d 522 (2017)

SIMPLY WIRELESS, INC, Plaintiff-Appellant, v. T-MOBILE US, INC, f/k/a T-Mobile USA, Inc.; T-Mobile USA, Inc., Defendants-Appellees. Simply Wireless, Inc, Plaintiff-Appellant, v. T-Mobile US, Inc, f/k/a T-Mobile USA, Incorporated; T-Mobile USA, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 13, 2017.

Attorney(s) appearing for the Case

ARGUED: Sean Patrick Roche , CAMERON MCEVOY, PLLC, Fairfax, Virginia, for Appellant. Joseph Mark Lipner , IRELL & MANELLA LLP, Los Angeles, California, for Appellees. ON BRIEF: Robert A. Rowan , Sheryl L. De Luca , NIXON & VANDERHYE P.C., Arlington, Virginia, for Appellant. Charles B. Molster, III , WINSTON & STRAWN LLP, Washington, D.C.; Ellisen S. Turner , Adam M. Shapiro , IRELL & MANELLA LLP, Los Angeles, California, for Appellees.

Affirmed by published opinion. Judge Wynn wrote the majority opinion, in which Judge Harris joined. Judge Floyd wrote a dissenting opinion.

Plaintiff Simply Wireless, Inc. ("Simply Wireless") appeals from an order of the United States District Court for the Eastern District of Virginia dismissing its complaint against Defendants T-Mobile US, Inc. and T-Mobile USA, Inc. (collectively, "T-Mobile"). Upon determining that the parties' business relationship was governed...

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