United States of America v. Maragh

Plaintiff Eagleview Technologies, Inc. appeals the district courts grant of judgment as a matter of law in favor of the defendants, MDS Associates, for Eagleviews claim that MDS violated the Communications Act of 1934 ("the Act"), 47 U.S.C. § 207, by refusing its request for common carrier service and discriminating against it. Eagleview asserts that district court based the decision upon its erroneous Conclusion that MDS was not a common carrier within the meaning of the Acts provisions. Eagleview also appeals a directed verdict against it on a Florida state law claim of civil theft, and the award of costs to the appellees under Federal Rule of Civil Procedure 54, issues treated summarily at the end of this opinion. We affirm.