Legal Opinion

Southern Bell Telephone and Telegraph Company and American Telephone and Telegraph Company v. Southern Precision Pattern Works, Ins.

Court of Appeals for the Fifth Circuit

Decided February 25, 1958No. 16460_1PublishedCited by 9 opinions

1Opinion of the Court

RIVES, Circuit Judge.

The controlling issue is whether the appellants have acquired over the land of the appellee a right of way, easement or other property interest entitled to protection. The appeal is from a final judgment for the defendant, appellee, in an action for a declaration of rights and for an injunction brought by the appellants as plaintiffs. The findings of fact by the district court are not attacked, and in pertinent part are quoted in the margin.1

*539A right of way, easement or other property interest is claimed by the appellants over the appellees’ tract of land under either of…

2Cases cited30 opinions

  1. Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
  2. New York City v. PineSupreme Court of the United States · 1902
  3. Kidd v. BorumSupreme Court of Alabama · 1913
  4. Northern Pacific Railroad v. SmithSupreme Court of the United States · 1898
  5. Oxford v. EstesSupreme Court of Alabama · 1934

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3Cited by9 opinions

  1. T. J. Fountain, Jr., Individually and Doing Business as Fountain Oil Company v. Metropolitan Atlanta Rapid Transit AuthorityCourt of Appeals for the Eleventh Circuit · 1982
  2. North Texas Producers Association v. Metzger Dairies, Inc.Court of Appeals for the Fifth Circuit · 1965
  3. Arnold Schildhaus v. Kenneth W. Moe, as District Director of Internal Revenue for the Upper Manhattan DistrictCourt of Appeals for the Second Circuit · 1963
  4. Delmarva Power & Light Co. v. EberhardCourt of Appeals of Maryland · 1967
  5. Waterman Steamship Corporation v. McGill InstituteSupreme Court of Alabama · 1961

4 more not listed; retrieve them via the Exa API.

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