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AXIA NETMEDIA v. MASSACHUSETTS TECHNOLOGY PARK

No. 19-1649.

973 F.3d 133 (2020)

AXIA NETMEDIA CORPORATION, Plaintiff, Appellant, KCST USA, Inc., Plaintiff, v. MASSACHUSETTS TECHNOLOGY PARK CORPORATION, d/b/a Massachusetts Technology Collaborative, Defendant, Appellee.

United States Court of Appeals, First Circuit.

August 31, 2020.

Attorney(s) appearing for the Case

Brian P. Voke , with whom Adam A. Larson and Campbell Conroy & O'Neil, P.C., Boston, MA, were on brief, for appellant.

Robert J. Kaler , with whom Edwin L. Hall and Holland & Knight LLP, Boston, MAwere on brief, for appellee.

Before Howard, Chief Judge, Lipez, Circuit Judge, and Saris, U.S. District Judge.

Massachusetts Technology Park Corporation, an independent public instrumentality of the Commonwealth of Massachusetts operating under the name Massachusetts Technology Collaborative ("MTC"), owns a fiber-optic network in western Massachusetts known as the Massbroadband123 Network. Before the network was built, MTC contracted...

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