SAMOS IMEX CORP. v. NEXTEL COMMUNICATIONS, INC.

No. 98-2126.

194 F.3d 301 (1999)

SAMOS IMEX CORPORATION, Plaintiff, Appellant, v. NEXTEL COMMUNICATIONS, INC., Defendant, Appellee, v. Brook Hill Enterprises, Inc., et al., Third-Party Defendants.

United States Court of Appeals, First Circuit.

Decided October 26, 1999.


Attorney(s) appearing for the Case

Herbert Abrams with whom Barry C. Klickstein and Abrams, Roberts, Klickstein & Levy were on brief for appellant.

Maia Aparo Moran with whom F.J. McDonald and Law Offices of F.J. McDonald were on brief for appellee.

Before BOUDIN, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.


BOUDIN, Circuit Judge.

In June 1997, plaintiff-appellant Samos Imex Corporation sued Nextel Communications, Inc. in the federal district court in Massachusetts. The gist of the complaint was that in 1995, Nextel had constructed an antenna or "monopole," over 100 feet high, within several feet of a building leased and occupied by Samos Imex under a lease that required Samos Imex to make repairs to the building. Samos Imex claimed that the antenna, which itself involved...

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