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NEW PHONE CO., INC. v. CITY OF NEW YORK

Docket Nos. 05-4935-cv(L), 05-5490-cv(CON), 05-5502-cv(CON).

498 F.3d 127 (2007)

The NEW PHONE CO., INC., and Best Payphones, Inc., Plaintiffs-Appellants, v. CITY OF NEW YORK, New York City Department of Information Technology and Telecommunications, and Gino Menchini, in his Official Capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 16, 2007.

Amended: August 10, 2007.

Attorney(s) appearing for the Case

Charles H. Ryans, New York, NY, for Appellants.

Karen M. Griffin, Corporation Counsel of the City of New York (Michael A. Cardozo, Francis F. Caputo, Michael S. Adler, and Jerald Horowitz, of counsel), for Appellees.

Before: JACOBS, Chief Judge, SACK, Circuit Judge, and OBERDORFER, District Judge.

PER CURIAM:

This opinion addresses three consolidated appeals. In 05-4935-cv(L), the plaintiffs-appellants The New Phone Co., Inc. and Best Payphones, Inc. (collectively, "New/Best") jointly appeal from an August 5, 2005 order (Gleeson, J.) ("August 5 Order") sua sponte dismissing complaint number 05-cv-1702. In 05-5490-cv(C) and 05-5502-cv(C), New Phone and Best Payphone each appeal from an August 26, 2005 order (Gleeson, J.) ("August 26 Order") denying their...

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