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OMNIPOINT COMMUNICATIONS, INC. v. CITY OF SCRANTON

No. 3:CV-97-0562.

36 F.Supp.2d 222 (1999)

OMNIPOINT COMMUNICATIONS, INC., Plaintiff, v. CITY OF SCRANTON and Zoning Hearing Board of City of Scranton, Defendants.

United States District Court, M.D. Pennsylvania.

January 26, 1999.

Attorney(s) appearing for the Case

James A. Swetz, Stroudsburg, PA, for plaintiff.

Edmund J. Scacchitti, Scranton, PA, for defendant.

MEMORANDUM

VANASKIE, District Judge.

Plaintiff Omnipoint Communications, Inc. (Omnipoint) filed this action under 42 U.S.C. § 1983 and the Telecommunication Act of 1996, 47 U.S.C. § 332(a)(7), contending that the defendants, City of Scranton and its Zoning Hearing Board (hereinafter collectively referred to as the Zoning Board), improperly denied Omnipoint's request to place commercial communications antennae on a two story building in a "Commercial...

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