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CELLULAR TELEPHONE CO. v. TOWN OF OYSTER BAY

Docket No. 98-9009

166 F.3d 490 (1999)

CELLULAR TELEPHONE COMPANY, doing business as AT & T Wireless Services, Plaintiff-Appellee, v. The TOWN OF OYSTER BAY and The Town Board of the Town of Oyster Bay, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 29, 1999.

Attorney(s) appearing for the Case

Perry S. Reich, Lindenhurst, N.Y. (Schapiro & Reich, Steven M. Schapiro, of Counsel), for Defendants-Appellants.

Robert D. Kaplan, New York, N.Y. (Friedman Kaplan & Seiler LLP, Nicole L. Gueron, of Counsel), for Plaintiff-Appellee.

Before: FEINBERG, PARKER and SACK, Circuit Judges.

FEINBERG, Circuit Judge:

Defendant Town of Oyster Bay (Town) and defendant Town Board of the Town (Town Board) appeal from a judgment of the United States District Court for the Eastern District of New York, Joanna Seybert, J., granting the motion for summary judgment of plaintiff Cellular Telephone Company d/b/a AT & T Wireless Services (AT & T) and entering an injunction against the Town. The district court found that the Town's denials of two special permits...

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