Samos Imex Corp. v. Nextel Communications, Inc.

BOUDIN, Circuit Judge.

In June 1997, plaintiff-appellant Samos Imex Corporation sued Nextel Communications, Inc. in the federal district court in Massachusetts. The gist of the complaint was that in 1995, Nextel had constructed an antenna or “monopole,” over 100 feet high, within several feet of a building leased and occupied by Samos Imex under a lease that required Samos Imex to make repairs to the building. Samos Imex claimed that the antenna, which itself involved subsurface construction, had caused Samos Imex’s building to shift, resulting in structural damage and rendering its freight…