v.
City of Atlanta
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 00-15885 MAY 08, 2001
Non-Argument Calendar THOMAS K. KAHN
CLERK
D. C. Docket No. 98-00962-CV-JEC-1
AT&T WIRELESS PCS, INC.,
Plaintiff-Appellant,
versus
CITY OF ATLANTA,
ATLANTA CITY COUNCIL, et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of Georgia
(May 8, 2001)
Before CARNES, BARKETT and WILSON, Circuit Judges.
PER CURIAM:
In AT&T Wireless PCS, Inc. v. City of Atlanta, 223 F.3d 1324 (11th Cir. 2000) (No. 99-12261) (“AT&T Wireless II”), we vacated our earlier opinion, AT&T Wireless PCS, Inc. v. City of Atlanta, 210 F.3d 1322 (11th Cir. 2000) (“AT&T Wireless I”), and dismissed the appeal because we lacked jurisdiction over an appeal from a non-final judgment. See AT&T 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 AT&T Wireless I.1 We now have jurisdiction over their appeal, and upon reconsideration, we re- instate our AT&T Wireless I opinion, published at 210 F.3d 1322. Prior opinion in appeal No. 99-12261 RE-INSTATED.
VACATED and REMANDED.
1 Both parties requested that the case be re-submitted on the same briefs they had filed when the case was last before us, and without further oral argument. We granted these requests.