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CENTURY CELLUNET OF MICHIGAN v. CITY OF FERRYSBURG

No. 4:96 CV 232.

993 F.Supp. 1072 (1997)

CENTURY CELLUNET OF SOUTHERN MICHIGAN, INC., a Delaware Corporation; General Partner for Century Cellunet of Southern Michigan Cellular Limited Partnership; and Janet Rosema, an Individual, Plaintiffs, v. CITY OF FERRYSBURG, a Municipal Corporation, Defendant.

United States District Court, W.D. Michigan, Southern Division.

November 10, 1997.

Attorney(s) appearing for the Case

James W. Porter, Reed, Stover & O'Connor, PC, Kalamazoo, MI, for Plaintiffs.

Michael S. Bogren, Plunkett & Cooney, PC, Kalamazoo, MI, for Defendant.

OPINION

ENSLEN, Chief Judge.

This matter is before the Court on plaintiffs' motion and defendant's cross-motion for summary judgment under Federal Rule of Civil Procedure 56(c). Plaintiffs filed this action pursuant to the Telecommunications Act of 1996, 47 U.S.C. § 332(c), and pursuant to other federal and state constitutional and statutory authority. Plaintiffs alleged that Defendant City of Ferrysburg ("Ferrysburg") wrongfully prohibited the...

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