Unity Communications Corp. v. Bellsouth Cellular

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS March 1, 2006 FOR THE FIFTH CIRCUIT _____________________ Charles R. Fulbruge III Clerk 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. * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.