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BELLSOUTH MOBILITY, INC. v. CELLULINK, INC.

1990082 and 1990224.

814 So.2d 203 (2001)

BellSOUTH MOBILITY, INC. v. CELLULINK, INC. Cellulink, Inc., and Eugene Ogletree v. BellSouth Mobility, Inc., and BellSouth Cellular National Marketing, Inc.

Supreme Court of Alabama.

Rehearing Denied September 7, 2001.

Attorney(s) appearing for the Case

D. Owen Blake, Jr., general counsel, BellSouth Telecommunications, Inc., Birmingham; and John D. Clements, F.A. Flowers III, James E. Fleenor, Jr., and Rebecca W. Block of Burr & Forman, L.L.P., Birmingham, for appellants/cross appellees BellSouth Mobility, Inc., and BellSouth Cellular National Marketing, Inc.

Jere F. White, Jr., Madeline H. Haikala, Ivan B. Cooper, and Kevin E. Clark of Lightfoot, Franklin & White, L.L.C., Birmingham; and Richard A. Freese and Leslie E. McFall of Langston, Frazer, Sweet & Freese, P.A., Birmingham, for appellees/cross appellants Cellulink, Inc., and Eugene Ogletree.

WOODALL, Justice.

BellSouth Mobility, Inc. ("BellSouth"), appeals from a judgment entered on a jury verdict in favor of Cellulink, Inc. (appeal no. 1990082). Cellulink and Eugene Ogletree cross appeal from a judgment entered on that jury verdict and from a summary judgment entered in favor of BellSouth Mobility, Inc. (appeal no. 1990224). As to case 1990224, we affirm, but as to case 1990082, we reverse and remand.1

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