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PAGE PLUS OF ATLANTA, INC. v. OWL WIRELESS, LLC

Nos. 12-4551, 12-4565.

733 F.3d 658 (2013)

PAGE PLUS OF ATLANTA, INC. and Snap Prepaid, LLC, Plaintiffs-Appellants/Cross-Appellees, v. OWL WIRELESS, LLC, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 28, 2013.

Attorney(s) appearing for the Case

ARGUED: Stephen M. Dorvee , Arnall Golden Gregory LLP, Atlanta, Georgia, for Appellants/Cross-Appellees. Matthew D. Harper , Eastman & Smith Ltd., Toledo, Ohio, for Appellee/Cross-Appellant. ON BRIEF: Stephen M. Dorvee , Debra G. Buster , Arnall Golden Gregory LLP, Atlanta, Georgia, for Appellants/Cross-Appellees. Matthew D. Harper , Henry N. Heuerman , Jeffrey M. Stopar , Eastman & Smith Ltd., Toledo, Ohio, for Appellee/Cross-Appellant.

Before: KEITH and SUTTON, Circuit Judges; BLACK, District Judge.

OPINION

SUTTON, Circuit Judge.

Does a party's conditional dismissal of unresolved claims, in which the party reserves the right to reinstate those claims if the case returns to the district court after an appeal of the resolved claims, create a final order under 28 U.S.C. § 1291? No.

After Page Plus and SNAP Prepaid sued Owl Wireless for breach of contract, Owl counterclaimed for breach of the same contract. In a series of orders, the district...

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