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SOUTHWESTERN BELL WIRELESS v. JOHNSON COUNTY BD.

No. 98-3264.

199 F.3d 1185 (1999)

SOUTHWESTERN BELL WIRELESS INC., fka Southwestern Bell Mobile Systems, Inc. as General Partner of Kansas City SMSA Limited Partnership and Kansas City SMSA Limited Partnership, Plaintiffs-Appellees, v. JOHNSON COUNTY BOARD OF COUNTY COMMISSIONERS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 27, 1999.

Attorney(s) appearing for the Case

Donald D. Jarrett, Chief Counsel (Richard J. Lind, Deputy County Counselor, with him on the brief), Johnson County Legal Department, Olathe, Kansas, for appellant.

Diane P. Duvall (Curtis M. Holland with her on the brief), Polsinelli, White, Vardeman & Shalton, Overland Park, Kansas, for appellees.

Before ANDERSON, McWILLIAMS, and BALDOCK, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Plaintiffs, referred to collectively herein as SW Bell,1 brought this suit against the Board of County Commissioners of Johnson County, Kansas ("BOCC"), seeking a declaration that federal law preempts a county zoning regulation involving radio frequency interference2 ("RFI"), and an injunction against enforcement of the regulation. The district court granted summary judgment...

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