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AT&T WIRELESS PCS, INC. v. CITY OF ATLANTA

No. 99-12261.

210 F.3d 1322 (2000)

AT&T WIRELESS PCS, INC., Plaintiff-Appellant, v. CITY OF ATLANTA, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied June 15, 2000.

Attorney(s) appearing for the Case

G. Wayne Hillis, Jr. and Erika C. Birg, Parker, Hudson, Rainer & Dobbs, Atlanta, GA, Carter G. Phillips, Sidley & Austin, Washington, DC, for Plaintiff-Appellant.

David D. Blum, City of Atlanta Law Dept., Atlanta, GA, for Defendants-Appellees.

Before CARNES, BARKETT and WILSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 15, 2000.

WILSON, Circuit Judge:

This case presents an issue of first impression in the circuit courts—whether the Telecommunications Act of 1996 (the TCA), 47 U.S.C. §§ 151 et seq., contains a comprehensive remedial scheme sufficient to preclude a separate action to enforce the TCA under 42 U.S.C. § 1983. AT&T Wireless PCS, Inc. ("AT&T Wireless") prevailed in a claim against the City...

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