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ALLTEL COMMUNICATIONS, INC. v. CITY OF MACON

No. 02-15969.

345 F.3d 1219 (2003)

ALLTEL COMMUNICATIONS, INC., Plaintiff-Counter-Defendant-Appellee v. CITY OF MACON, Defendant-Counter-Claimant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 16, 2003.

Attorney(s) appearing for the Case

Thomas C. James, III, James, Bates, Pope & Spivey, Macon, GA, for City of Macon.

Adam Scott Katz and Nisbet S. Kendrick, III, Womble, Carlyle, Sandridge & Rice, PLLC, Atlanta, GA, for Alltel Communications, Inc.

Robert J. Middleton, Jr., Albany, GA, Amicus Curiae for Georgia Municipal Corp.

Before ANDERSON and BIRCH, Circuit Judges, and PROPST, District Judge.

PER CURIAM:

CERTIFICATION FROM THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT TO THE SUPREME COURT OF GEORGIA PURSUANT TO O.C.G.A. § 15-2-9.

TO THE SUPREME COURT OF GEORGIA AND ITS HONORABLE JUSTICES:

The City of Macon, Georgia ("Macon") appeals a declaratory judgment granted to Alltel Communications, Inc. ("Alltel") and a permanent injunction imposed against Macon. In deciding the ultimate issues of this case, we must first determine...

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