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UHL v. THOROUGHBRED TECHNOLOGY AND TELECOMM.

No. 01-3572.

309 F.3d 978 (2002)

Frederick A. UHL and Timothy Elzinga, on Behalf of Themselves and all others Similarly Situated, Plaintiffs-Appellees, v. THOROUGHBRED TECHNOLOGY AND TELECOMMUNICATIONS, INC., Defendant-Appellee, Cathy Mason, Intervenor/Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 29, 2002.

Rehearing and Rehearing Denied November 26, 2002.

Attorney(s) appearing for the Case

Nels Ackerson, Kathleen Clubb Kauffman (argued), Ackerson Group Chartered, Washington, DC, for Plaintiffs-Appellees.

Jack E. McClard, Hunton & Williams, Richmond, VA, G. Ronald Heath, Hoover Hull Baker & Heath, Indianapolis, IN, for Defendant-Appellee.

Irwin B. Levin (argued), Cohen & Mald, Indianapolis, IN, for Intervenor-Appellant.

John J. Rademacher, American Farm Bureau Federation, Park Ridge, IL, for Amicus Curiae.

Before COFFEY, DIANE P. WOOD and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 26, 2002.*

DIANE P. WOOD, Circuit Judge.

This litigation arose after Thoroughbred Technology & Telecommunications, Inc. (T-Cubed) announced that it had the right to install conduits for fiber optic cables along railroad right-of-way corridors. Timothy Elzinga, a property owner along a right-of-way owned by the Norfolk Southern Railway, disagreed. In his view, such a use by T-Cubed...

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