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MOTOROLA COMMUNICATIONS AND ELECTRONICS v. DALE

No. 81-4307 Summary Calendar.

665 F.2d 771 (1982)

MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC., Plaintiff-Appellant, v. Clarence N. DALE, Jr. and Barbara Camin Dale, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing February 24, 1982.

Attorney(s) appearing for the Case

Dudley H. Carter, Columbus, Miss., for plaintiff-appellant.

J. Gordon Flowers, Hunter M. Gholson, Columbus, Miss., for defendants-appellees.

Before CLARK, Chief Judge, RUBIN and SAM D. JOHNSON, Circuit Judges.

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...

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