Summary
holding that plaintiffs do have a § 1983 claim under the Telecommunications Act, in a decision that was reversed on other grounds
Summary of this case from TOWER ASSET SUB, INC. v. McHENRY COUNTY CONSERVATIONOpinion
No. 00-15885.
September 13, 2001.
G. Wayne Hillis, Jr., Erika C. Birg, Parker, Hudson, Rainer Dobbs, Atlanta, GA, Carter G. Phillips, Sidley Austin, Washington, DC, for Plaintiff-Appellant.
Appeal from the United States District Court for the Northern District of Georgia (No. 98-00962-CV-JEC-1); Julie E. Carnes, Judge.
ORDER:
The parties have filed a "Notice of Stipulation of Dismissal of Appeal." In accord with well-settled principles established by the Supreme Court in United States v. Munsingwear, Inc., 340 U.S. 36, 71 S.Ct. 104, 95 L.Ed. 36 (1950), the appeal is DISMISSED and the case is REMANDED to the district court with instructions to DISMISS.
SO ORDERED.