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USCOC OF GREATER MISSOURI v. COUNTY OF FRANKLIN

No. 09-2525.

636 F.3d 927 (2011)

USCOC OF GREATER MISSOURI, LLC, doing business as U.S. Cellular, Appellant, v. COUNTY OF FRANKLIN, MISSOURI, Appellee, Mary R. Fritz, Revocable Trust Dated June 28, 2005, Intervenor Defendant-Intervenor.

United States Court of Appeals, Eighth Circuit.

Filed: March 2, 2011.

Attorney(s) appearing for the Case

Eric D. Martin , argued, Craig S. Biesterfeld , on the brief, St. Louis, MO, for Appellant.

Isidore I. Lamke , argued, Washington, MO, for Appellee.

Steven P. Kuenzel , Washington, MO, for Intervenor Defendant-Intervenor.

Before BYE, BEAM, and SMITH, Circuit Judges.

BEAM, Circuit Judge.

Appellant USCOC (U.S. Cellular) appeals from the district court's sua sponte dismissal of U.S. Cellular's complaint and denial of all outstanding motions. Because this matter was not moot at the time of the dismissal, we reverse the district court's order and remand for further proceedings consistent with this decision.

I. BACKGROUND

U.S. Cellular desires to construct a cellular telephone tower in Franklin County, Missouri. To...

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