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TENNESSEE EX REL. WIRELESS INCOME v. CHATTANOOGA

No. 03-6608.

403 F.3d 392 (2005)

State of TENNESSEE ex rel. WIRELESS INCOME PROPERTIES, LLC, Plaintiff-Appellant, v. CITY OF CHATTANOOGA and William C. McDonald, in his capacity as Administrator of Public Works, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 7, 2005.

Attorney(s) appearing for the Case

ARGUED: James T. Williams, Miller & Martin, Chattanooga, Tennessee, for Appellants. Michael A. McMahan, Nelson, McMahan & Noblett, Chattanooga, Tennessee, for Appellees. ON BRIEF: James T. Williams, Miller & Martin, Chattanooga, Tennessee, Camden Ballard Scearce, Jr., Husch & Eppenberger, LLC, Chattanooga, Tennessee, for Appellants. Michael A. McMahan, Nelson, McMahan & Noblett, Chattanooga, Tennessee, for Appellees.

Before: SILER, MOORE, and COLE, Circuit Judges.

AMENDED OPINION

MOORE, Circuit Judge.

Plaintiff-Appellant Wireless Income Properties, LLC ("Wireless") appeals the decision of the district court, which granted in part and denied in part both its and Defendant-Appellee City of Chattanooga's ("City") respective motions for summary judgment. Wireless, a company engaged in the construction and management of telecommunications towers, filed applications with the City for permits to construct monopole communication...

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