MAHER v. HYDE

No. 01-1031.

272 F.3d 83 (2001)

Thomas W. MAHER and Valerie E. Calabria-Maher Plaintiffs, Appellants, v. Donald B. HYDE; AT&T Wireless Services; Planning Board of the Town of Stow; and Ingeborg Hageman Clark, Ruth Kennedy, Donna M. Jacobs, Keith H. Myles, Donald G. McPherson, and Thomas Oller, as they are members of the Planning Board of the Town of Stow, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 3, 2001.


Attorney(s) appearing for the Case

Edward J. Collins for appellants.

Stephen D. Anderson, with whom Anderson & Kreigler LLP were on brief, for appellee AT & T Wireless Services.

Before LYNCH and LIPEZ, Circuit Judges, and SARIS, District Judge.


LIPEZ, Circuit Judge.

This is an appeal from the district court's dismissal, for lack of subject matter jurisdiction, of an action allegedly arising under 47 U.S.C. § 332(c)(7)(B)(iv) (the Telecommunications Act of 1996). Because there is no longer an actual case or controversy between the appellants and any of the defendants, we dismiss the appeal as moot. Moreover, because of the frivolous nature of this appeal, we order counsel for appellants to show cause...

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