Unity Comm Corp v. Bellsouth Cellular

Filing 920060301

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 04-61132 _____________________ UNITY COMMUNICATIONS CORPORATION, Plaintiff - Appellee, versus BELLSOUTH CELLULAR, ETC.; ET AL., Defendants, CINGULAR WIRELESS, Defendant - Appellant. __________________________________________________________________ Appeal from the United States District Court for the Southern District of Mississippi, Hattiesburg USDC No. 2:03-CV-115 _________________________________________________________________ Before JOLLY, GARZA, and PRADO, Circuit Judges. PER CURIAM:* In this appeal, in which the primary issue relates to contract interpretation, we have studied the briefs, the relevant parts of the record, the cases to which we have been referred, particularly the Georgia counsel. cases, and have heard the well-presented arguments of

March 1, 2006 Charles R. Fulbruge III Clerk

We are unable to say that the district court erred in its

denial of the motion for summary judgment and in permitting this case to go forward. proceedings. Accordingly, the case is REMANDED for further

Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

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