Opinion
No. 00-15885 Non-Argument Calendar.
May 8, 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.
Before CARNES, BARKETT and WILSON, Circuit Judges.
In ATT Wireless PCS, Inc. v. City of Atlanta, 223 F.3d 1324 (11th Cir. 2000) (" ATT Wireless II"), we vacated our earlier opinion, ATT Wireless PCS, Inc. v. City of Atlanta, 210 F.3d 1322 (11th Cir. 2000) (" ATT Wireless I"), and dismissed the appeal because we lacked jurisdiction over an appeal from a non-final judgment. See ATT Wireless II, 223 F.3d at 1324. The parties to that appeal have since returned to district court, where the district court entered a final judgment in the case. They presently appeal the final judgment, submitting for our consideration the same issue we examined in ATT Wireless I. We now have jurisdiction over their appeal, and upon reconsideration, we re-instate our ATT Wireless I opinion, published at 210 F.3d 1322. Prior opinion in appeal No. 99-12261 REINSTATED.
Both parties requested that the case be resubmitted on the same briefs they had filed when the case was last before us, and without further oral argument. We granted these requests.
VACATED and REMANDED.