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OMNIPOINT COMMUN. v. ZONING, HEARING BD., EASTTOWN

No. 02-2194.

331 F.3d 386 (2003)

OMNIPOINT COMMUNICATIONS ENTERPRISES, L.P., Appellant v. ZONING HEARING BOARD OF EASTTOWN TOWNSHIP.

United States Court of Appeals, Third Circuit.

Rehearing Submitted May 13, 2003.

June 4, 2003.

Attorney(s) appearing for the Case

Paul J. Lawrence (Argued), Jay Carlson, Preston, Gates & Ellis, Seattle, James C. Dalton, Christopher H. Schubert, Riley, Riper, Hollin & Colagreco, Paoli, for Appellant.

Andrew D.H. Rau (Argued), Unruh, Turner, Burke & Frees, West Chester, John S. Halsted, Gawthrop, Greenwood & Halsted, West Chester, Paola Tripodi Kaczynski, Holsten & Associates, Media, for Appellee.

Before: SLOVITER, MCKEE, and ROSENN, Circuit Judges.

Sur Panel Rehearing Submitted May 13, 2003.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

This matter is before us on a Petition for Rehearing filed by the Easttown Township Zoning Board ("Zoning Board") from the decision of this panel filed February 12, 2003. In that opinion, originally reported at 319 F.3d 627 (3d Cir.2003), we considered the appeal of Omnipoint Communications...

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