SPRINT PCS ASSETS v. CITY OF PALOS VERDES ESTATES

No. 05-56106.

487 F.3d 694 (2007)

SPRINT PCS ASSETS, L.L.C., a Delaware limited liability company, wholly-owned by Sprint Telephony PCS, LP, a Delaware limited partnership, Plaintiff-Appellee, v. CITY OF PALOS VERDES ESTATES, a California municipality; City Council of the City of Palos Verdes Estates, its governing body; Joseph Sherwood, in his official capacity as Mayor Pro Tem of the City of Palos Verdes Estates; John Flood, in his official capacity as Councilmember of the City of Palos Verdes Estates; Rosemary Humphrey, in her official capacity as Councilmember of the City of Palos Verdes Estates; Dwight Abbott, in his official capacity as Councilmember of the City of Palos Verdes Estates; James F. Goodhart, in his official capacity as Councilmember of the City of Palos Verdes Estates, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

May 8, 2007.


Attorney(s) appearing for the Case

John J. Flynn, III, Michael W. Shonafelt, Nossaman, Guthner, Knox & Elliott, Irvine, CA, for Plaintiff-Appellee.

Scott J. Grossberg, Amy R. Von Kelsch-Berk, Cihigoyenetche Grossberg & Clouse, Rancho Cucamonga, CA, for Defendants-Appellants.

D.C. No. CV-03-00825-AHS, Central District of California, Santa Ana.

Before BARRY G. SILVERMAN, KIM McLANE WARDLAW, and JAY S. BYBEE, Circuit Judges.


ORDER REQUESTING THAT THE SUPREME COURT OF CALIFORNIA DECIDE A QUESTION OF CALIFORNIA LAW

ORDER

We respectfully request that the Supreme Court of California decide the question set forth in Part III of this order. Submission of this appeal is deferred, and all further proceedings are stayed pending receipt of the Supreme Court of California's decision. The panel retains jurisdiction over further proceedings in this court. The parties will notify the Clerk...

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