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BOYD v. BELLSOUTH TELEPHONE

No. 26170.

369 S.C. 410 (2006)

633 S.E.2d 136

Caroline BOYD and The Caroline Collection, Inc., Respondents, v. BELLSOUTH TELEPHONE TELEGRAPH COMPANY, INC., a/k/a BellSouth Telecommunications, Inc., now known as BellSouth, Petitioner.

Supreme Court of South Carolina.

Decided June 19, 2006.

Rehearing Denied July 20, 2006.

Attorney(s) appearing for the Case

Richard B. Ness, of Ness, Jett & Tanner, LLC, of Bamberg, for Petitioner.

James D. Mosteller, III, of Barnwell; and Stephen A. Spitz, of Charleston, for Respondents.

Justice BURNETT:

Caroline Boyd filed a declaratory judgment action on behalf of herself and her wholly owned corporation, The Caroline Collection, Inc., (collectively referred to as "Boyd") against BellSouth Telephone Telegraph Company, Inc., a/k/a BellSouth Telecommunications, Inc., now known as BellSouth (BellSouth). Boyd sought an easement across BellSouth's property. The special referee granted BellSouth's motion for summary judgment. The Court of Appeals affirmed...

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