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FORT v. AT & T COMMUNICATIONS, INC.

88-369.

562 So.2d 135 (1989)

James W. FORT and Dolores Fort v. AT & T COMMUNICATIONS, INC., et al.

Supreme Court of Alabama.

Rehearing Denied April 27, 1990.

Attorney(s) appearing for the Case

James G. Gann, Jr. and M. Keith Gann of Huie, Fernambucq & Stewart and R.B. Jones, Birmingham, for appellants.

Edward S. Allen and Jonathan S. Harbuck of Balch & Bingham, Birmingham, and Hugh A. Nash and Herbert B. Sparks, Jr. of Nash & Associates, Oneonta, for appellees.

ADAMS, Justice.

This is an appeal by James W. Fort and Dolores Fort from an order setting aside a $100,000 verdict in their favor and granting a new trial. We affirm in part and reverse in part.

The evidence indicates that in 1985, representatives of AT & T approached the Forts, seeking to obtain an easement that would permit AT & T to lay an optic fiber cable across the Forts' property. The evidence suggests...

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