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BORDERS v. ALABAMA POWER CO.

87-824.

547 So.2d 446 (1989)

R.L. BORDERS and Geraldine Borders v. ALABAMA POWER COMPANY.

Supreme Court of Alabama.

Rehearing Denied June 16, 1989.

Attorney(s) appearing for the Case

George White, Gadsden, and Mark L. Rowe of Hogan, Smith, Alspaugh, Samples & Pratt, Birmingham, for appellants.

Dan H. McCrary and James H. Miller III of Balch & Bingham, Birmingham, and Roger C. Suttle of Inzer, Suttle, Swann & Stivender, Gadsden, for appellee.

ALMON, Justice.

R.L. and Geraldine Borders brought an action against Alabama Power Company ("APCo"), alleging negligence, trespass, and nuisance. APCo filed a motion for summary judgment, which was granted by the trial court.

In 1952, Mr. Borders purchased real property on the Coosa River. At all times pertinent to this appeal, Mr. and Mrs. Borders have lived on the property. In 1965, APCo built a dam on the Coosa River that created Neely Henry Lake. As part...

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