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T-MOBILE USA, INC. v. CITY OF ANACORTES

No. 08-35493.

572 F.3d 987 (2009)

T-MOBILE USA INC., a Delaware corporation; et al., Plaintiffs-Appellees, v. CITY OF ANACORTES, a Washington municipal corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 20, 2009.

Attorney(s) appearing for the Case

Dan S. Lossing of Inslee, Best, Doezie & Ryder, P.S. of Bellevue, WA, for the defendant-appellant.

T. Scott Thompson (argued) of Davis Wright Tremaine, LLP of Washington, D.C., and Linda Atkins of Bellevue, WA, for the plaintiffs-appellees.

Before WILLIAM C. CANBY, JR., DAVID R. THOMPSON and CONSUELO M. CALLAHAN, Circuit Judges.

CALLAHAN, Circuit Judge:

The City of Anacortes (the "City") appeals the district court's determination that the City's denial of an application by T-Mobile USA, Inc. ("T-Mobile") to erect a 116-foot monopole antenna at a particular location violates a provision of the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B). The district court found that T-Mobile's proposal was the least intrusive means to close a significant...

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