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AMHERST, N.H. v. OMNIPOINT COMMUNICATIONS

No. 98-2061.

173 F.3d 9 (1999)

TOWN OF AMHERST, NEW HAMPSHIRE, Defendant, Appellant, v. OMNIPOINT COMMUNICATIONS ENTERPRISES, INC., Plaintiff, Appellee.

United States Court of Appeals, First Circuit.

Decided March 30, 1999.

Attorney(s) appearing for the Case

Robert D. Ciandella with whom Philip L. Pettis and Donahue, Tucker & Ciandella were on brief for appellant.

Steven E. Grill with whom Daniel E. Will and Devine, Millimet & Branch, P.C. were on brief for appellee.

Before BOUDIN, Circuit Judge, BOWNES, Senior Circuit Judge, and LYNCH, Circuit Judge.

BOUDIN, Circuit Judge.

This is an appeal by the Town of Amherst, New Hampshire, from an injunction granted by the district court. The injunction, granted on cross-motions for summary judgment, directed the town to grant permits to Omnipoint Communications Enterprises, Inc. ("Omnipoint"), to build facilities to provide wireless telephone services. The case presents difficult issues under the Telecommunications Act of 1996, 47 U.S.C. § 151 et seq. The background...

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