Motorola Communications and Electronics, Inc. v. Clarence N. Dale, Jr. And Barbara Camin Dale

ALVIN B. RUBIN, Circuit Judge:

This diversity case involves only the question whether, under Mississippi law, a radio transmission tower, affixed by the tower’s lessee to a concrete base on leased real estate, became a fixture so that, on termination of the real estate lease for nonpayment of rental, the tower became the landowner’s property. Applying familiar state law, the district judge found that it had become a fixture principally because of its annexation by bolts to the slab. We conclude, however, that under Mississippi law annexation to realty is a necessary but not sufficient…