NORTH COUNTY COMMUNICATIONS CO V. SPRINT COMMUNICATIONS COMPANY, No. 17-56438 (9th Cir. 2018)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED JUN 28 2018 MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT NORTH COUNTY COMMUNICATIONS CORPORATION, a California corporation, No. U.S. COURT OF APPEALS 17-56438 D.C. No. 3:09-cv-02685-CAB-JLB Plaintiff-counterdefendant-Appellant, MEMORANDUM* v. SPRINT COMMUNICATIONS COMPANY, L.P., a Delaware limited partnership, Defendant-counter-claimantAppellee. Appeal from the United States District Court for the Southern District of California Cathy Ann Bencivengo, District Judge, Presiding Submitted June 4, 2018** San Francisco, California Before: CLIFTON and FRIEDLAND, Circuit Judges, and RICE,*** Chief District Judge. * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable Thomas O. Rice, Chief United States District Judge for the Eastern District of Washington, sitting by designation. We AFFIRM for the reasons given by the district court. 2

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