BOGART v. CAPROCK COMMUNICATIONS CORP.

No. 97,349.

69 P.3d 266 (2003)

2003 OK 38

James A. BOGART, individually and on behalf of all others similarly situated, Plaintiff/Appellant, v. CAPROCK COMMUNICATIONS CORP.; Defendant and Third Party, Plaintiff/Appellee, and Southbend Corporation; United Fire & Casualty Company; and, John Doe(s) I through X, Defendants/Appellees, v. Power Engineers, Inc., Third Party, Defendant.

Supreme Court of Oklahoma.

April 8, 2003.


Attorney(s) appearing for the Case

Harry Scoufos, Thomas W. Condit, Sallisaw, OK, for Plaintiff/Appellant.

Don G. Holladay, Timothy D. DeGiusti, Oklahoma City, OK, for Defendant/Appellee, CapRock Communications Corp.

James K. Secrest, II, Edward J. Main, Tulsa, OK, for Defendants/Appellants, Southbend Corp. & United Fire & Casualty Co.


KAUGER, J.

¶ 1 The only issue presented1 is whether a landowner is entitled to additional compensation when fiber optic cables are installed within the confines of a public right of way or easement on which public highways or roads are established. We hold that under the facts presented, no additional compensation is warranted.

FACTS

¶ 2 This cause concerns a class action lawsuit2

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