Max V. McLAUGHLIN; et al., Plaintiffs,
v.
MISSISSIPPI POWER COMPANY; et al., Defendants.
Interstate Fibernet Inc., Plaintiff-Appellant,
v.
Thirty-Seven (37) Parcels; et al., Defendants,
Thirty-Seven (37) Parcels of Real Property, Located in Forrest, Hancock, Harrison, Jackson, Jones, Lamar and Lauderdale Counties, Mississippi; Bancorpsouth Bank; Mary Jane Delmas Baugh; Terrell Ann Ford; Margaret Ford Murphy; Chantilly Corp.; Clemover Corp.; Columbia Ventures Inc.; Community Bank; Federal Land Bank Association of South Mississippi FLCA; John Ford, also known as Rena A. Ford, Trustee of the Rena A. Ford Inter Vivos Trust Agreement; Mary Elizabeth Ford, also known as Rena A. Ford, Trustee of the Rena A. Ford Inter Vivos Trust Agreement; Rena Ann Ford, also known as Rena A. Ford, Trustee of the Rena A. Ford Inter Vivos Trust Agreement; Marie Ford Horne, also known as Rena A. Ford, Trustee of the Rena A. Ford Inter Vivos Trust Agreement; H H White Limited Partnership; David Hobgood; Richard Hobgood; Robert Hobgood, also known as Robert Hobgood; Steven A. McRae, also known as Stephen McRae; Dennis L. Pierce; Ray Crowell Real Estate Inc.; Bryan Saliba; Nick Welch; Weyerhaeuser Co.; unknown others; Plum Creek South Central Timberlands, LLC, Defendants-Appellees,
Purcell Company Inc., Defendant-Counter-Claimant-Appellees,
v.
Mississippi Power Company, Counter-Defendant-Appellant.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
June 28, 2004.
June 28, 2004.
Attorney(s) appearing for the Case
Michael Brunson Wallace (argued), Phelps Dunbar, Jackson, MS, Henry John Gutierrez, Richard B. Tubertini, Phelps Dunbar, Gulfport, MS, for Interstate Fibernet Inc.
Ben H. Stone (argued), Jonathan P. Dyal, Paul Richard Lambert, Balch & Bingham, Gulfport, MS, for Mississippi Power Co.
A. Malcolm N. Murphy, Lucedale, MS, for Terrell Ford and Murphy.
Michael Clayton Barefield, Gulfport, MS, for Chantilly Corp.
Henry Payson Pate, III, John M. Ford, Pascagoula, MS, for Clemover Corp., Columbia Ventures Inc., John, Mary Elizabeth and Rena Ford and Horne.
Ray Thomas Price, Hattiesburg, MS, for Pierce and Saliba.
Carl Victor Welsh, III (argued), Pittman, Germany, Roberts & Welsh, Jackson, MS, Eugene C. Thach, Jr., Heidelberg, MS, for Purcell Co., Inc. and Welch.
Gail A. Crowell, Compton, Crowell & Hewitt, Biloxi, MS, for Ray Crowell Real Estate Inc.
Paul B. Henderson (argued), Robert Evans Sanders, Young, Williams, Henderson & Fuselier, Jackson, MS, for Weyerhauser Co.
Lawrence C. Gunn, Jr., L. Clark Hicks, Jr. (argued), Gunn & Hicks, Hattiesburg, MS, for Plum Creek South Central Timberlands LLC.
Before KING, Chief Judge, and BENAVIDES and CLEMENT, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
PER CURIAM:
Mississippi Power Company (MPC) and Interstate Fibernet, Inc. (IFN) appeal an order dissolving an injunction, dismissing IFN's complaint, and refusing to certify a class. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
MPC, an electricity provider, owns easements across tracts of real property owned by Nick Welch, Purcell Company, Inc., Weyerhaeuser Company, Plum Creek South Central Timberlands, LLC, and the other defendants in this suit...
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