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OMNIPOINT COMMUNICATIONS v. CITY OF HUNTINGTON

Nos. 10-56877, 10-56944.

738 F.3d 192 (2013)

OMNIPOINT COMMUNICATIONS, INC., a Delaware corporation, DBA T-Mobile, Plaintiff-Appellee/ Cross-Appellant, v. CITY OF HUNTINGTON BEACH a public entity organized and existing under the laws of the State of California, City Council of the City of Huntington Beach, Defendants-Appellants/ Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Resubmitted December 4, 2013.

Attorney(s) appearing for the Case

Jennifer McGrath , City Attorney, and Scott F. Field (argued), Assistant City Attorney, Huntington Beach, CA, for Defendants-Appellants/Cross-Appellees.

Martin L. Fineman (argued), Davis Wright Tremaine LLP, San Francisco, CA; John J. Flynn III and Benjamin Z. Rubin , Nossaman LLP, Irvine, CA, for Plaintiff-Appellee/Cross-Appellant.

Before: SUSAN P. GRABER, SANDRA S. IKUTA, and ANDREW D. HURWITZ, Circuit Judges.

OPINION

IKUTA, Circuit Judge:

The City of Huntington Beach appeals the district court's determination that the Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 56 (codified as amended at U.S.C. Titles 15, 18, and 47) (the TCA), preempted its decision to require Omnipoint Communications, Inc. (doing business as "T-Mobile"), to obtain voter approval before constructing mobile telephone antennae on city-owned park property. T-Mobile cross-appeals...

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