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CELLULAR TELEPHONE CO. v. ZONING BD. OF ADJUSTMENT

No. Civ.A. 97-3408 MTB.

24 F.Supp.2d 359 (1998)

CELLULAR TELEPHONE COMPANY, d/b/a AT & T Wireless Services formerly known as Cellular One®, New York SMSA Limited Partnership and its General Partner Cellco Partnership, d/b/a Bell Atlantic Nynex Mobile, and Smart SMR of New York, Inc., d/b/a Nextel Communications, Plaintiffs, v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF HO-HO-KUS, Defendant.

United States District Court, D. New Jersey.

October 28, 1998.

Attorney(s) appearing for the Case

Thomas F. Campion, Jr., Shanley & Fisher, Morristown, NJ, for Plaintiffs.

David L. Rutherford, Ridgewood, NJ, for Defendant.

OPINION

BARRY, District Judge.

This matter comes before the court on the parties' cross-motions for summary judgment as to Count I of the complaint filed by plaintiffs Cellular Telephone Company, d/b/a AT & T Wireless Services ("AT & T Wireless"), New York SMSA Limited Partnership and its general partner Cellco Partnership, d/b/a Bell Atlantic Nynex Mobile ("BANM"), and SMART SMR of New York,...

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