Hulda Schoening Family Trust v. Powertel/Kentucky Inc.

MEMORANDUM AND ORDER

HEYBURN, Chief Judge.

Defendants GTE Wireless, Inc. (“GTE”) and Crown Communications, Inc. (“Crown”), have moved this Court to alter, amend or vacate its April 1, 2003, order. The Court has carefully considered the arguments presented by both sides. For the reasons discussed below, the Court will alter its order and deny the parties’ cross-motions for summary judgment as to Count II. 1

I

Defendants first contend that the Court should vacate its previous order because it fails to give effect to certain lease provisions and therefore does not construe the contract by giving…