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OMNIPOINT HOLDINGS, INC. v. CITY OF SOUTHFIELD

No. 02-1713.

355 F.3d 601 (2004)

OMNIPOINT HOLDINGS, INCORPORATED, doing business as VoiceStream Wireless, Plaintiff-Appellant, v. CITY OF SOUTHFIELD; Southfield City Council, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed January 15, 2004.

Attorney(s) appearing for the Case

E. Powell Miller (briefed), Marc L. Newman (argued and briefed), Miller Shea P.C., Troy, MI, for Appellant.

Gerald A. Fisher (argued and briefed), Secrest, Wardle, Lynch, Hampton, Truex & Morley, Farmington Hills, MI, for Appellees.

Before GUY and GILMAN, Circuit Judges; REEVES, District Judge.

GUY, J., delivered the opinion of the court, in which GILMAN, J., joined. REEVES, D.J. (pp. 607-10), delivered a separate dissenting opinion.

OPINION

RALPH B. GUY, JR., Circuit Judge.

Plaintiff, VoiceStream Wireless (VoiceStream), appeals from the grant of summary judgment to defendants, the City of Southfield and its City Council, in this action alleging violations of the Telecommunications Act of 1996, 47 U.S.C. § 332, and claims under 42...

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