AT&T Wireless PCS Inc. v. City of Atlanta

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________________

No. 00-15885 ________________________________ (D. C. Docket No. 98-00962–CV)

AT&T WIRELESS PCS INC.,

Plaintiff-Appellant,

versus

CITY OF ATLANTA, ATLANTA CITY COUNCIL, ROBB PITTS, VERN MCCARTY, DEBI STARNES, et. al.,

Defendants-Appellees.

_________________________________________________________________

Appeal from the United States District Court for the Northern District of Georgia _________________________________________________________________

(Opinion May 8, 2001, 250 F.3d . 1307 , 11th Cir., 2001)

(August 10, 2001)

Before ANDERSON, Chief Judge, TJOFLAT, EDMONDSON, BIRCH, DUBINA, BLACK, CARNES, BARKETT, HULL, MARCUS and WILSON, Circuit Judges.

BY THE COURT:

A member of this court in active service having requested a poll on whether

rehearing en banc should be granted, and a majority of the judges in this court in active service

having voted in favor of granting a rehearing en banc,

IT IS ORDERED that the above cause shall be reheard by this court en banc. The

previous panel's opinion is hereby VACATED.