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IN RE TENNANT

No. 02-1060.

359 F.3d 523 (2004)

In re: James M. TENNANT, Petitioner.

United States Court of Appeals, District of Columbia Circuit.

Decided February 24, 2004.

Attorney(s) appearing for the Case

Cary Berkeley Kaye, Supervising Attorney, argued the cause as amicus curiae in favor of petitioner's position. With her on the briefs was Steven H. Goldblatt, Director of the Appellate Litigation Program, Georgetown University Law Center, appointed by the court.

James M. Tennant, pro se, Georgetown, S.C., was on the briefs for petitioner.

John E. Ingle, Deputy Associate General Counsel, Federal Communications Commission, argued the cause for respondent. With him on the brief were Andrew C. Mergen and Susan L. Pacholski, Attorneys, U.S. Department of Justice, John A. Rogovin, General Counsel, Federal Communications Commission, and Lisa E. Boehley, Counsel.

Stanley M. Gorinson argued the cause for respondents Cingular Wireless LLC and Crown Castle International Corp. With him on the brief were Stephen E. Baskin, Judith L. Harris, and Robert H. Jackson.

James Emory Smith, Jr., Assistant Deputy Attorney General, Attorney General's Office of State of South Carolina, was on the brief for respondent Rodger Stroup, State Historic Preservation Officer.

Before: SENTELLE, TATEL, and ROBERTS, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROBERTS.

ROBERTS, Circuit Judge:

James M. Tennant petitions this court for a writ of mandamus, as well as declaratory and injunctive relief, relating to an alleged breakdown of historic preservation procedures in the placement of a wireless communications tower on land listed in the National Register of Historic Places. We find that we lack jurisdiction to grant the requested relief, and so dismiss the petition...

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