United States of America, et al. v. Western Electric Company, Inc., et al., Pacific Telesisgroup, et al., Appellants, 84 F.3d 1452 (D.C. Cir. 1996)

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U.S. Court of Appeals for the District of Columbia Circuit - 84 F.3d 1452 (D.C. Cir. 1996)

Feb. 16, 1996

Before: SILBERMAN, BUCKLEY, and ROGERS, Circuit Judges



It is ORDERED, by the Court, on its own motion, that this appeal is dismissed as moot due to the enactment of the Telecommunications Act of 1996, Pub. L. No. 104-104. It is

FURTHER ORDERED, by the Court, that the district court's order issued April 28, 1995 is vacated. See 890 F. Supp. 1, 10-13 (1995). This case is remanded with instructions that the district court dismiss the Regional Bell Operating Companies' Motion for a Modification of Section II(D) of the Decree to Permit Them to Provide Cellular and Other Wireless Service Across LATA Boundaries. See United States v. Munsingwear, Inc., 340 U.S. 36, 39-40 (1950) (it is the "duty of the appellate court" to vacate a lower court's judgment that has become moot and "remand with a direction to dismiss").