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TELESPECTRUM v. PUBLIC SERVICE COM'N OF KENTUCKY

Nos. 99-5822, 99-5871 and 99-5919.

227 F.3d 414 (2000)

TELESPECTRUM, INC., Plaintiff-Appellee, v. PUBLIC SERVICE COMMISSION OF KENTUCKY; Brenda J. Helton, in her official capacity as Chairman and Commisioner of the Public Service of Kentucky; Edward J. Holmes, in his official capacity as Vice-Chairman and Commissioner of the Public Service Commission of Kentucky; Gary W. Gillis, in his official capacity as Commissioner of the Public Service Commission of Kentucky (99-5822); Donald R. Chambers; Connie Chambers (99-5871/5919), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 8, 2000

Rehearing Denied October 11, 2000

Attorney(s) appearing for the Case

Mark R. Overstreet (argued and briefed), Stites & Harbison, Frankfort, Kentucky, for Plaintiff-Appellee.

Amy E. Dougherty (argued and briefed), Deborah T. Eversole (briefed), Public Service Commission, Office of General Counsel, Frankfort, Kentucky, for Defendants-Appellants in 99-5822.

George C. Howell, Hall, Howell & Sergent, Ashland, Kentucky, for Defendants-Appellants in 99-5871, 99-5919.

Before: SILER and CLAY, Circuit Judges; STAFFORD, District Judge.

OPINION

CLAY, Circuit Judge.

Defendants Commissioner Brenda J. Helton, Commissioner Edward J. Holmes, and Commissioner Gary W. Gillis of the Public Service Commission of Kentucky appeal the orders of the United States District Court for the Eastern District of Kentucky granting summary judgment for Plaintiff Telespectrum, Inc., in its action for injunctive relief to permit construction of a cellular communications tower. For the following reasons, we

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