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PUBLIC SERV. CO. OF N.H. v. TOWN OF W. NEWBURY

No. 87-1395.

835 F.2d 380 (1987)

PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE, Plaintiff, Appellant, v. TOWN OF WEST NEWBURY, Thomas E. Pulkkinen, and Patricia Wells Knowles, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 16, 1987.

Attorney(s) appearing for the Case

Robert J. Stillman with whom Thomas G. Dignan, Jr., Paul J. O'Donnell and Ropes & Gray, Boston, Mass., were on brief for plaintiff, appellant.

Judith H. Mizner with whom Silverglate, Gertner, Fine, Good & Mizner, Boston, Mass., R. Scott Hill-Whilton, Lagoulis, Clark, Hill-Whilton & McGuire, Newburyport, Mass., were on brief for defendants, appellees.

Before COFFIN, ALDRICH and TORRUELLA, Circuit Judges.

COFFIN, Circuit Judge.

This is an appeal from the denial of a preliminary injunction sought by Public Service Company of New Hampshire (the Company), owner of the nuclear power plant in Seabrook, New Hampshire, to prevent the Town of West Newbury, Massachusetts (the Town), from removing five utility poles bearing emergency warning sirens. Such sirens are part of the Company's emergency preparedness plan in connection with its efforts to obtain an operating license...

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