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SPRINT SPECTRUM L.P. v. MILLS

No. 99CIV.1041(BDP).

124 F.Supp.2d 211 (2000)

SPRINT SPECTRUM L.P. d/b/a Sprint PCS, Plaintiff, v. Richard P. MILLS, individually and as Commissioner of the New York State Department of Education, Charles A. Szuberla, individually and as Coordinator, Facilities Management and Information Services of the New York State Department of Education, and Carl T. Thurnau, individually and as Acting Supervisor of the New York State Department of Education, Office of Facilities Planning, Defendants.

United States District Court, S.D. New York.

December 20, 2000.

Attorney(s) appearing for the Case

David L. Snyder, Snyder & Snyder, Tarrytown, NY, for Plaintiff.

Lawrence W. Reich, Ingerman Smith L.L.P., Northport, NY, for Defendants.

MEMORANDUM DECISION AND ORDER

BARRINGTON D. PARKER, Jr., District Judge.

In a motion pursuant to the All Writs Act, 28 U.S.C. Sec. 1651, plaintiff Sprint Spectrum L.P. d/b/a Sprint PCS ("Sprint") seeks to compel the Ossining Union Free School District (the "District") to permit Sprint to install a cellular telephone tower on the roof of the Ossining New York High School pursuant to an existing, but disputed, lease agreement between Sprint and the District...

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