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Sprint, C Spire Fight AT & T Dismissal Motion
Fri, 10/07/2011 - 12:44pm
Maisie Ramsay

Sprint and C Spire Wireless rallied today against AT&T's motion to dismiss their lawsuits against its merger with T-Mobile USA.

The two wireless operators asked the court this afternoon to deny AT&T's motion, which was filed last Friday.

"This litigation is about whether American consumers will have access to an innovative and competitive wireless marketplace," C Spire government relations executive Eric Graham said in a statement. "The actions brought by Sprint and C Spire go to the heart of that issue and should be permitted to go forward."

The joint opposition denies AT&T's claims that Sprint and C Spire's complaints were self-serving.

The companies also moved to strike an e-mail exchange between C Spire CEO Hu Meena and AT&T Mobility chief Ralph de la Vega cited as evidence in AT&T's motion, calling it "wholly inaccurate and misleading."

C Spire wants to replace the evidence presented by AT&T with its own record, which it claims is more complete.

AT&T quickly shot back.

“It was suggested, through C Spire's own email, that they would not oppose the merger if AT&T would not engage in facilities-based competition in Mississippi," AT&T general counsel Wayne Watts said in a statement. "Such an extraordinary and inappropriate proposal simply confirms that what C Spire fears is competition, not an alleged lack of competition.  Is it any wonder they would want their e-mail eliminated from the record?”

AT&T must file its formal rebuttal to Sprint and C Spire's motion by Oct. 13. Oral arguments in the case are scheduled for Oct. 24.

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