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GULLY v. SOUTHWESTERN BELL TELEPHONE CO.

No. 84-1842.

774 F.2d 1287 (1985)

Hazel GULLY, Plaintiff-Appellee, v. SOUTHWESTERN BELL TELEPHONE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 24, 1985.

Attorney(s) appearing for the Case

G. Michael Lawrence, A. Don Emory, Austin, Tex., for defendant-appellant.

Phillips, Neal & Woods, Travis R. Phillips, Jo Ann Mercia, Austin, Tex., for plaintiff-appellee.

Before RANDALL, DAVIS and HILL, Circuit Judges.

OPINION

RANDALL, Circuit Judge.

In 1978, Hazel Gully acquired a piece of property to which Southwestern Bell Telephone Company had been granted an easement. As provided for in the easement deed, Bell had placed a communications cable at the edge of the property. The cable was in place in 1981 when Gully, who was in the midst of planning to build a commercial office facility on the property, discovered it, together with Bell's easement. As she was entitled...

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