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07-3057 - RCN TELECOM SERVICES, INC. v. VI


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07-3057 - RCN TELECOM SERVICES, INC. v. VI
August 12, 2008
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MEMORANDUM OPINION AND ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS DENIED; PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT IS GRANTED; JUDGMENT IS ENTERED IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT ON COUNT ONE OF THE COMPLAINT. JUDGMENT IS ENTERED IN FAVOR OF RCN TELECOM SERVICES, INC. AND AGAINST DEFENDANT TOA PA VI, L.P. ON TOA'S COUNTERCLAIM. PLAINTIFF SHALL ADVISE THE COURT WITHIN 10 DAYS OF THE DATE OF THIS ORDER WHETHER IT PLANS TO PROCEED WITH COUNT TWO OF ITS COMPLAINT. SIGNED BY HONORABLE THOMAS M. GOLDEN ON 8/12/08. 8/12/08 ENTERED AND COPIES E-MAILED.(ky, )