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CROWN CASTLE USA, INC. v. HOWELL ENGIN. AND SURV., INC.

No. 2040076 and 2031147.

981 So.2d 400 (2005)

CROWN CASTLE USA, INC. v. HOWELL ENGINEERING AND SURVEYING, INC. Crown Castle USA, Inc. v. Howell Engineering and Surveying, Inc., and Gloria Brown.

Court of Civil Appeals of Alabama.

Opinion Overruling Rehearing January 20, 2006.

Attorney(s) appearing for the Case

Susan S. Wagner, Francis Heidt, and Christopher C. Haug of Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Birmingham, for appellant.

Gregory A. Kennemer, Birmingham; R. Leland Lesley, Birmingham; and Winthrop E. Johnson, Prattville, for appellee Howell Engineering and Surveying, Inc.

Ronald C. Wall, Jr., of Oros & Wall, Birmingham, for appellee Gloria Brown.

CRAWLEY, Presiding Judge.

Crown Castle USA, Inc. ("Crown"), leases space on cellular-telephone towers to cellular-telecommunications providers. In conducting its business, Crown uses the services of several types of professionals, including land surveyors and civil or structural engineers. In the years before approximately mid- to late 2002, Crown contracted with local vendors for the surveying and engineering services it required. Howell Engineering and Surveying...

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