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U.S. CELL. TELE., GREAT. TULSA v. BROKEN ARROW, OK

Nos. 02-5128, 02-5172.

340 F.3d 1122 (2003)

UNITED STATES CELLULAR TELEPHONE OF GREATER TULSA, L.L.C., an Oklahoma Limited Liability Company, Plaintiff-Appellant, v. CITY OF BROKEN ARROW, OKLAHOMA, Defendant-Appellee. United States Cellular Telephone of Greater Tulsa, L.L.C., an Oklahoma Limited Liability Company, Plaintiff-Appellee, v. City of Broken Arrow, Oklahoma, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 19, 2003.

Attorney(s) appearing for the Case

John E. Brightmire, Doerner, Saunders, Daniel & Anderson, L.L.P., Tulsa, OK, appearing for Plaintiff United States Cellular Telephone of Greater Tulsa, L.L.C.

Elizabeth Anne Wilkening, Deputy City Attorney, Broken Arrow, OK, appearing for Defendant City of Broken Arrow.

Before TACHA, Chief Judge, BRISCOE, Circuit Judge, and SHADUR, District Judge.

TACHA, Chief Circuit Judge.

United States Cellular Telephone of Greater Tulsa, L.L.C. ("U.S.Cellular") brought two separate suits in federal court, challenging decisions by the City of Broken Arrow, Oklahoma ("the City"), denying specific use permit ("SP") requests for the construction of cellular transmission towers. On October 2, 2002, the district court reversed the City's denial of SP-149, concluding that the City's denial violated the Telecommunications Act because...

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