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SPRINT PCS L.P. v. CONNECTICUT SITING COUNCIL

No. 00-7073.

222 F.3d 113 (2000)

SPRINT PCS L.P., doing business as Sprint PCS, Plaintiff-Appellant, v. CONNECTICUT SITING COUNCIL, Cellco Partnership, doing business as Bell Atlantic Mobile, and Springwich Cellular Limited Partnership, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 11, 2000.

Attorney(s) appearing for the Case

Kenneth Ira Spigle, Newton, MA, for plaintiff-appellant.

Mark F. Kohler, Assistant Attorney General, Hartford, CT, for defendant-appellee Connecticut Siting Council.

Before: SACK and MCLAUGHLIN, Circuit Judges, and CEDARBAUM, District Judge.

PER CURIAM.

This is an interlocutory appeal from an order of the United States District Court for the District of Connecticut (Alfred V. Covello, Chief Judge) dismissing, sua sponte, one of two counts in the plaintiff's complaint for failure to exhaust state administrative remedies. Each of the parties to this appeal takes the same position: that the district court misinterpreted Connecticut state law governing...

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