SOUTHERN BELL TEL. & TEL. CO. v. SOUTHERN PRE. PAT. WKS.

No. 16460.

251 F.2d 537 (1958)

SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY and American Telephone and Telegraph Company, Appellants, v. SOUTHERN PRECISION PATTERN WORKS, Inc., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 25, 1958.


Attorney(s) appearing for the Case

James A. Simpson, Reid B. Barnes, Birmingham, Ala. (Lange, Simpson, Robinson & Somerville, Birmingham, Ala., Joseph Higgins, Cincinnati, Ohio, John A. Boykin, Jr., Harvey L. Cosper, Walter R. Byars, Atlanta, Ga., of counsel), for appellants.

W. H. Sadler, Jr., Harold F. Herring, Birmingham, Ala. (Sadler & Sadler, Birmingham, Ala of counsel), for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.


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....

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