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GIPSON v. SPRINT COMMUNICATIONS CO.

No. 97,074.

81 P.3d 65 (2003)

2003 OK CIV APP 89

Andy GIPSON, Plaintiff/Appellee, v. SPRINT COMMUNICATIONS COMPANY, L.P., Defendant/Appellant, and John Does I through X, Defendants.

Court of Civil Appeals of Oklahoma, Division No. 3.

Rehearing Denied June 25, 2003.

Certiorari Denied October 13, 2003.

Attorney(s) appearing for the Case

Harry Scoufos, Law Offices of Harry Scoufos, P.C., Sallisaw, OK, and Andrew P. Campbell, Campbell, Waller & Loper, LLC, Birmingham, AL, and Janet Varnell, Brian W. Warwick, Varnell & Warwick, PA, The Villages, FL, for Plaintiff/Appellee.

Charles D. Neal, Steidley & Neal, McAlester, OK, and Betty Outhier Williams, Gage & Williams Law Firm, Muskogee, OK, and J. Emmett Logan, Steven J. Boyd, Morrison & Hecker, L.L.P., Kansas City, MO, for Defendant/Appellant Sprint Communications Company, L.P.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

Opinion by KENNETH L. BUETTNER, Presiding Judge.

¶ 1 Defendant/Appellant Sprint Communications Company, L.P. (Sprint) has filed an interlocutory appeal from the trial court's order certifying a class in this action which charges that Sprint exceeded the use allowed in certain railroad easements when Sprint installed fiber optic cable along railroad corridors....

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