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GLOBAL NETWORK COMMUNICATIONS v. CITY OF NEW YORK

Docket No. 05-3298-cv.

458 F.3d 150 (2006)

GLOBAL NETWORK COMMUNICATIONS, INC., Plaintiff-Appellant, v. CITY OF NEW YORK and City of New York Department of Information Technology and Telecommunications, Defendants-Appellees, Gino O. Menchini, in his official capacity, Stanley Shor, in his official capacity, Defendant.

United States Court of Appeals, Second Circuit.

Decided July 21, 2006.

Amended July 28, 2006.

Attorney(s) appearing for the Case

Robert G. Scott, Jr., Washington, DC (T. Scott Thompson, Maria C. Moran, Cole, Raywid & Braverman, LLP, Washington, DC; J. Michael Gottesman, New York, New York) of counsel, for Plaintiff-Appellant.

Bruce Regal, New York, New York (Michael A. Cardozo, Corporation Counsel of the City of New York, Pamela Seider Dolgow, Diana M. Murray, John Hogrogian, New York, New York) of counsel, for Defendants-Appellees.

Joel Marcus, Washington, D.C. (Samuel L. Feder, General Counsel, Daniel M. Armstrong, Associate General Counsel, Federal Communications Commission, Washington, DC), of counsel, filed a brief on behalf of the Federal Communications Commission as amicus curiae.

Before: WALKER, Chief Judge, FEINBERG and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge.

Plaintiff Global Network Communications, Inc. (Global, plaintiff, or appellant) appeals from a judgment of the United States District Court for the Southern District of New York (Stanton, J.) dated and entered June 14, 2005, dismissing its complaint against defendants City of New York (City) and City of New York Department of Information Technology and Telecommunications (Department) (collectively defendants), for failure to state a claim...

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