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U.S. Court of Appeals for the Ninth Circuit, 2008

Nextg Networks of California, Inc. v. City of Huntington Beach

Nextg Networks of California, Inc. v. City of Huntington Beach
U.S. Court of Appeals for the Ninth Circuit · Decided September 23, 2008
294 F. App'x 303

Nextg Networks of California, Inc. v. City of Huntington Beach

Opinion of the Court

MEMORANDUM **

The City of Huntington Beach, California appeals two preliminary injunctions entered by the district court in this case.

We vacate the injunctions and remand to the district court for further consideration in light of our recent decision in Sprint Telephony PCS, L.P. v. County of San Diego, 543 F.3d 571 (9th Cir. 2008) (en banc), reversing City of Auburn v. Qwest Corp., 260 F.3d 1160 (9th Cir. 2001).

VACATED AND REMANDED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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