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United States First Circuit


SECOND GENERATION PROPS., L.P. v. TOWN OF PELHAM, 02-1688

In a Telecommunications Act case, the district court erroneously found that if any carrier provides any coverage within a purported gap, there cannot be an effective prohibition on the provision of wireless services, but denial of a variance sought did not constitute an unlawful effective prohibition on the provision of wireless services.

Appellate Information

  • Decided 12/17/2002
  • Published 12/17/2002

Judges

  • LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Andrew R. Schulman with whom Getman, Stacey, Tamposi, Schulthess & Steere, P.A. was on brief for appellant.

  • For Appellees:
  • Diane M. Gorrow with whom Soule, Leslie, Kidder, Sayward & Loughman, P.L.L.C. was on brief for appellee.
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