United States Second Circuit
New Phone Co. v. City of New York, 05-4935
In case involving fringe payphone service provider's numerous complaints challenging defendant city's regulatory scheme, orders sua sponte dismissing complaint in one case and denying requests in other cases to file new complaints under the terms of a filing injunction is vacated as to the sua sponte dismissal where the court did not determine if there were new allegations not barred by claim preclusion. As none of the notices of appeal mention the filing injunction and the intent to appeal from it cannot be inferred from the notices, the appeal is dismissed for lack of jurisdiction.
Appellate Information
- Decided 05/17/2007
- Published 05/17/2007
Judges
Court
- United States Second Circuit