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OMNIPOINT COMMUNICATIONS v. TOWNSHIP OF NETHER PRO

No. CIV.A. 99-3974.

232 F.Supp.2d 430 (2002)

OMNIPOINT COMMUNICATIONS ENTERPRISES, L.P., Plaintiff, v. TOWNSHIP OF NETHER PROVIDENCE, Defendant.

United States District Court, E.D. Pennsylvania.

November 7, 2002.

Attorney(s) appearing for the Case

Rudolph Garcia, Saul, Ewing, Remick & Saul, Philadelphia, PA, Elizabeth E. Utz, Elizabeth Utz Witmer, Saul, Ewing, Remick and Saul, Berwyn, PA, for Plaintiff.

Daniel J. Dugan, Spector, Gadon and Rosen, P.C., Philadelphia, PA, for Defendant.

MEMORANDUM

ROBRENO, District Judge.

I. INTRODUCTION

Omnipoint is a provider of wireless communications between portable telephone customers. In order to provide the service, Omnipoint must arrange for "cell sites" that connect cellular telephone signals into ordinary telephone lines in a honeycomb pattern, which enables the areas served by different cell sites to overlap. Omnipoint contends that there is a gap in coverage, i.e., an area where Omnipoint...

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