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JACKSON v. CITY OF AUBURN

2031010.

971 So.2d 696 (2006)

Lindburgh JACKSON and Kathy Matthews v. CITY OF AUBURN, Alabama Power Company, and Lightwave Technologies, LLC.

Court of Civil Appeals of Alabama.

April 7, 2006.

Attorney(s) appearing for the Case

Robert D. Drummond, Jr., Fairhope, for appellants.

Randall Morgan and Doy Leale McCall III of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, for appellee City of Auburn.

Sterling G. Culpepper, Jr., and Louis M. Calligas of Balch & Bingham, LLP, Montgomery, for appellee Alabama Power Company.

Steven K. Herndon and H. Robert Johnston of Gidiere, Hinton & Herndon, Montgomery, for appellee Lightwave Technologies, LLC.

On Applications for Rehearing

CRAWLEY, Presiding Judge.

The opinion of this court issued on June 24, 2005, is withdrawn, and the following is substituted therefor.

In December 1978, Lindburgh Jackson became the co-owner of a parcel of property fronting Donahue Drive in Auburn, Alabama. At that time, Alabama Power Company ("APCo") maintained power lines across and a power pole on that parcel of property. On April 25, 1983, Jackson and his co...

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