Legal Opinion

Tishomingo Railroad v. Bellsouth Telecommunications, Inc.

District Court, N.D. Mississippi

Decided September 21, 2010No. Civil Action No. 1:06CV343-B-DPublished

1Opinion of the Court

MEMORANDUM OPINION

NEAL B. BIGGERS, JR., Senior District Judge.

This cause comes before the court on the bench trial held August 2-5, 2010. After consideration of the testimony, evidence, and exhibits presented at trial and *634the post-trial briefs submitted by the parties, the court finds as follows.

Factual and Procedural Background

The issue in this case involves questions of real property law that date back to the 1970s. In 1978, the Tennessee Valley Authority (“TVA”) began construction of a nuclear power plant on the Tennessee River in Tishomingo County, Mississippi, in an area of the river…

2Cases cited7 opinions

  1. Preseault v. Interstate Commerce CommissionSupreme Court of the United States · 1990
  2. Hayfield Northern Railroad v. Chicago & North Western Transportation Co.Supreme Court of the United States · 1984
  3. Duggins v. Guardianship of WashingtonMississippi Supreme Court · 1994
  4. Franks Inv. Co. LLC v. Union Pacific R. Co.Court of Appeals for the Fifth Circuit · 2009
  5. Southern Bell Telephone & Telegraph Co. v. City of MeridianMississippi Supreme Court · 1961

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