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GTE WIRELESS OF THE MIDWEST, INC. v. ANDERSON TWP.

Nos. 98AP-855 and 98AP-856.

134 Ohio App.3d 352 (1999)

GTE WIRELESS OF THE MIDWEST INCORPORATED, Appellee, v. ANDERSON TOWNSHIP et al., Appellants; Wray, Director, Ohio Department of Transportation, Appellee. New Par, d.b.a. AirTouch Cellular, Appellee, v. Anderson Township et al., Appellants; WRAY, Director, Ohio Department of Transportation, Appellee.

Court of Appeals of Ohio, Tenth District, Franklin County.

Decided June 17, 1999.

Attorney(s) appearing for the Case

Thompson, Hine & Flory, L.L.P., Robert P. Johnson, James W. Wiggin III, James B. Niehaus and Richard B. Tranter, for appellee GTE Wireless of the Midwest, Inc.

Bricker & Eckler, L.L.P., Randolph C. Wiseman and Nelson M. Reid, for appellee New Par, d.b.a. AirTouch Cellular. Wood & Lamping, L.L.P., Robert P. Malloy, Amy Gasser Callow and William K. Lundrigan; Craig B. Paynter, for appellant Anderson Township et al.

Betty D. Montgomery, Attorney General, Frederick C. Schoch, Robert L. Schlatter and Pamela J. Vest, Assistant Attorneys General, for appellee Ohio Department of Transportation.

LAZARUS, Presiding Judge.

Defendants-appellants Anderson Township et al. appeal the decision and entry of the Franklin County Court of Common Pleas denying appellants' motion to dismiss and granting summary judgment in favor of plaintiffs-appellees, GTE Wireless of the Midwest, Inc. ("GTE Wireless") and New Par, d.b.a. AirTouch Cellular ("AirTouch Cellular"), on their respective complaints for declaratory and injunctive...

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