Unity Comm Corp v. Bellsouth Cellular

* 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opinion should not be published and is not precedent except under the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.
United States Court of Appeals
Fifth Circuit
F I L E D
March 1, 2006
Charles R. Fulbruge III
Clerk
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 cases, and have heard the well-presented arguments of
counsel. 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. Accordingly, the case is REMANDED for further
proceedings.

-- 1 of 1 --