truckstop.net, LLC v. Sprint Comm.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TRUCKSTOP.NET, LLC, 

Plaintiff-Appellee, No. 07-35123 v. D.C. Nos.

SPRINT CORPORATION, CV-04-00561-S-

Defendant-Appellant,  BLW

CV-05-00138-S-

SPRINT COMMUNICATIONS COMPANY, BLW

L.P.,

Defendant-counter-claimant- OPINION Appellant.  Appeal from the United States District Court for the District of Idaho B. Lynn Winmill, District Judge, Presiding

Argued and Submitted June 3, 2008—Seattle, Washington

Filed October 28, 2008

Before: Melvin Brunetti, Jay S. Bybee, and Consuelo M. Callahan, Circuit Judges.

Opinion by Judge Callahan

1 This case was argued before Ferguson, Brunetti and Callahan, Circuit Judges. Following Judge Ferguson’s death, Judge Bybee was drawn by lot to replace Judge Ferguson. Judge Bybee has read the briefs, reviewed the record, and listened to oral argument.

14987 TRUCKSTOP.NET v. SPRINT COMMUNICATIONS 14989

COUNSEL

Stephen R. Thomas, Esq. (Argued), C. Clayton Gill, Esq., Moffatt, Thomas, Barrett, Rock & Fields,…