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LADUE GROUP, L.C. v. LEVEL 3 COMMUNICATIONS

No. ED 81262.

111 S.W.3d 492 (2003)

LADUE GROUP, L.C., Plaintiff/Respondent, v. LEVEL 3 COMMUNICATIONS, L.L.C., Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motions for Rehearing and/or Transfer Denied July 3, 2003.

Application for Transfer Denied August 26, 2003.

Attorney(s) appearing for the Case

John F. Cowling, Jeffrey T. McPherson, Cynthia A. Sciuto, St. Louis, MO, for appellant.

Mark E. Goodman, Sanford J. Boxerman, Stanley Goldstein, Eli Karsh, St. Louis, MO, for respondent.

Motions for Rehearing and/or Transfer to Supreme Court Denied July 3, 2003.

WILLIAM H. CRANDALL, JR., Presiding Judge.

Defendant, Level 3 Communications, L.L.C. (Level 3), appeals from the judgment of the trial court dismissing its counterclaim for condemnation filed in response to the action of plaintiff, Ladue Group, L.C., for trespass and injunctive relief for Level 3's installing conduit for fiberoptic cable on plaintiff's property. We affirm.

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