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OMNIPOINT COMMUN. MB OPERATIONS v. TOWN OF LINCOLN

No. Civ.A. 99-11012-EFH.

107 F.Supp.2d 108 (2000)

OMNIPOINT COMMUNICATIONS MB OPERATIONS, LLC, Plaintiff, v. TOWN OF LINCOLN, Lincoln Board of Appeals and Despena F. Billings, Buckner M. Creel, IV, Pamela S. Green, Amalie Kass, and Susan Hall Mygatt, in their capacities as Members of the Lincoln Board of Appeals, Defendants.

United States District Court, D. Massachusetts.

August 2, 2000.

Attorney(s) appearing for the Case

Kenneth Ira Spigle, Boston, MA, for Omnipoint Communications MB Operations, LLC, plaintiff.

Joseph L. Tehan, Jr., Joel B. Bard, Kopelman & Paige, P.C., Boston, MA, for defendants.

MEMORANDUM AND ORDER

HARRINGTON, District Judge.

STATEMENT OF THE CASE

This matter is presently before the Court on the parties' Cross Motions for Summary Judgment pursuant to Federal Rule of Civil Procedure 56. This is one of the many cases arising under the Federal Telecommunications Act of 1996, 47 U.S.C. § 332 (the "TCA"). The TCA sets in opposition the interest of telecommunication companies in developing a comprehensive...

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