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BYWATER NEIGHBORHOOD ASS'N v. TRICARICO

No. 88-3901 Summary Calendar.

879 F.2d 165 (1989)

BYWATER NEIGHBORHOOD ASSOCIATION, Plaintiff-Appellant, v. William J. TRICARICO, in his capacity as Secretary, Federal Communications Commission, Crescent City Communications Company, Inc., of Delaware, and Notel, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 8, 1989.

Attorney(s) appearing for the Case

James G. Derbes, New Orleans, La., for plaintiff-appellant.

M. Alice Thurston, David C. Shilton, John P. Greenspan, Nancy Stanley, F.C.C., Washington, D.C., John Volz, Stephen Mark Gallinghouse, U.S. Attys., Mark Gallinghouse, Asst. U.S. Atty., New Orleans, La., for Tricarico (Federal).

William Wright, Jr., New Orleans, La., for Notel, Inc.

Paul L. Zimmering, New Orleans, La., for Crescent City.

Before POLITZ, KING, and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The Bywater Neighborhood Association ("Bywater") seeks the removal of two structures it considers inconsistent with the character of its neighborhood, a national historic district. The two structures are a 200-foot television microwave tower, owned and built by Crescent City Communications Company, Inc. ("Crescent City"), and a satellite earth station, owned and built by Notel, Inc., (`Notel'), a firm related to Crescent City. The Federal...

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