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U.S. CELLULAR CORP. v. CITY OF WICHITA FALLS, TEX.

No. 03-10491.

364 F.3d 250 (2004)

UNITED STATES CELLULAR CORPORATION, Plaintiff-Appellant, v. CITY OF WICHITA FALLS, TEXAS; Wichita Falls City Council, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 19, 2004.

Attorney(s) appearing for the Case

Jon E. Brightmire (argued), Doerner, Saunders, Daniel & Anderson, Tulsa, OK, Roger Anson Lee, Wichita Falls, TX, for Plaintiff-Appellant.

Julia Maria Vasquez (argued), Mark T. Price, Wichita Falls, TX, for Defendants-Appellees.

Before BENAVIDES, STEWART and DENNIS, Circuit Judges.

BENAVIDES, Circuit Judge:

United States Cellular Corporation, a provider of wireless telephone services, sued the City of Wichita Falls for denying U.S. Cellular permission to build a communications tower. U.S. Cellular contended that the City's decision was not supported by substantial evidence in a written record and therefore violated a provision of the Telecommunications Act of 1996, 47 U.S.C.A. § 332(c)(7)(B)(iii) (West 2001). The district court granted...

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