682
OCTOBER TERM, 2001
Syllabus
certiorari to the united states court of appeals for the seventh circuit
No. 00-878. Argued December 5, 2001—Decided May 20, 2002
Because, after full briefing and oral argument, it is clear that petitioners were the prevailing parties below and seek review of uncongenial findings not essential to the judgment and not binding upon them in future litigation, certiorari is dismissed as improvidently granted. See New York Telephone Co. v. Maltbie, 291 U. S. 645 (per curiam).
Certiorari dismissed. Reported below: 179 F. 3d 566.
Joel D. Bertocchi, Solicitor General of Illinois, argued the cause for petitioners. With him on the briefs were James E. Ryan, Attorney General, A. Benjamin Goldgar and Michael P. Doyle, Assistant Attorneys General, Myra L. Karegianes, John P. Kelliher, and Thomas R. Stanton.
Barbara McDowell argued the cause for the United States as respondent under this Court's Rule 12.6 urging affirmance. With her on the brief were Solicitor General Olson, Acting Assistant Attorney General Katsas, Deputy Solicitor General Wallace, Mark B. Stern, Charles W. Scarborough, and John A. Rogovin.
Paul M. Smith argued the cause for respondents. With him on the brief for respondents WorldCom Technologies, Inc., et al. were William M. Hohengarten, Michael B. DeSanctis, Darryl M. Bradford, John J. Hamill, William Single IV, Brian J. Leske, and Richard Metzger. David W. Carpenter, Stephen B. Kinnaird, and Marc C. Rosenblum filed a brief for respondent AT&T Communications of Illinois, Inc., et al. Stephen M. Shapiro, John E. Muench, Theodore A. Livingston, Robert M. Dow, Jr., Michael W. McConnell, Martin H. Redish, and William M. Schur filed a brief
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