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EAGLEVIEW TECHNOLOGIES, INC. v. MDS ASSOCIATES

No. 97-2090.

190 F.3d 1195 (1999)

EAGLEVIEW TECHNOLOGIES, INC., Plaintiff-Counter-Defendant-Appellant, David R. Anderson, Plaintiff-Counter-Defendant Counter-Claimant, v. MDS ASSOCIATES, A Florida general partnership; James Dwyer, et al., Defendants-Counter-Defendants Counter-Claimants-Appellees, Michael L. Paolini, President of Eagleview, Counter-Defendant, Prescient Telecommunications, Inc., et al., Defendants-Counter-Defendants.

United States Court of Appeals, Eleventh Circuit.

As Amended October 13, 1999.

Attorney(s) appearing for the Case

Jeffrey J. Pardo, Miami Beach, FL, Michael F. Hurley, James B. Bollinger, Hopgood, Calimafde, Kalil & Judlowe, L.L.P., New York, NY, for Plaintiff-Counter-Defendant-Appellant.

F. Wallace Pope, Jr., Duane A. Daiker, Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Clearwater, FL, for Defendants-Counter-Defendants Counter-Claimants-Appellees.

Before ANDERSON, Chief Judge, RONEY, Senior Circuit Judge, and COOK, Senior District Judge.

PER CURIAM:

Plaintiff Eagleview Technologies, Inc. appeals the district court's grant of judgment as a matter of law in favor of the defendants, MDS Associates, for Eagleview's claim that MDS violated the Communications Act of 1934 ("the Act"), 47 U.S.C. § 207, by refusing its request for common carrier service and discriminating against it. Eagleview asserts that the district court based the decision upon its erroneous conclusion that MDS was not a common carrier...

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