Marlow, L.L.C. v. Bellsouth Telecommunications, Inc.

LESLIE H. SOUTHWICK, Circuit Judge:

In this diversity suit, a landowner seeks injunctive and compensatory relief from a telephone company for a trespass and for slandering its title to certain property. The district court granted summary judgment to the telephone company. We disagree with that court’s conclusion that the telephone company had a constructive license but agree that it is not liable for slander of title. We AFFIRM in part, REVERSE in part, and REMAND for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

In 2002, the defendant BellSouth Telecommunications, Inc., a telephone…