Linney

Linney v. Cellular Alaska Partnership

Bad Law
151 F.3d 1234·1998 WL 515388
United States Court of Appeals for the Ninth CircuitAugust 21, 1998Nos. 97-16637, 97-16638, 97-16639 and 97-16640California4,011 words

Opinion

Lead Opinion

Hall, J.

Eight minority partners who operate various cellular telephone markets appeal the district court’s judgment certifying and approving the settlement of class actions against AT & T Wireless Services, Inc., and its affiliates and subsidiaries (“AT & T”), which became the general partner or majority shareholder in these partnerships. This court has jurisdiction over the district court’s final order certifying and settling the actions pursuant to 28 U.S.C. § 1291 , and we affirm.

I

In the 1980s, the Federal Communications Commission (FCC) held lotteries to allocate cellular telephone licenses in the nation’s smaller metropolitan areas. The FCC devised a plan to maximize the opportunities of small businesses to win a part of the growing cellular telephone market. Under this plan, contenders for a license were allowed to band together prior to the lottery in each market. Following the drawing, the winner of the lottery was given a bare majority interest in the market and the other members of the winner’s band were given the balance of the interest. AT & T has purchased the rights of a number of majority interest holders throughout the country and has become a major player in the…

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