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CALLAHAN v. POINT CLEAR HOLDINGS, INC.

No. 08-14634.

579 F.3d 1207 (2009)

Robert CALLAHAN, et al., Plaintiffs, H.E. Scobee, Dorothy Scobee, Hank Perkins, Paula Perkins, Plaintiffs-Counter-Defendants-Appellees, v. POINT CLEAR HOLDINGS, INC., Defendant-Counter-Claimant-Appellant, Robert and Ginger Callahan, Defendants.

United States Court of Appeals, Eleventh Circuit.

August 12, 2009.

Attorney(s) appearing for the Case

Charles C. Simpson, III, Deborah B. Hembree, Johnstone, Adams, Bailey, Gordon & Harris, Mobile, AL, for Point Clear Holdings, Inc.

Kenneth A. Watson, Matthew C. McDonald, Miller, Hamilton, Snider & Odom, LLC, Mobile, AL, George R. Irvine, III, Stone, Granade & Crosby, PC, Daphne, AL, Joshua P. Myrick, Fairhope, AL, for Plaintiffs-Counter-Defendants-Appellees and Defendants.

Before TJOFLAT and ANDERSON, Circuit Judges, and WOOD, District Judge.

ANDERSON, Circuit Judge:

Appellant Point Clear Holdings, Inc. ("PCH") appeals from the district court's grant of summary judgment to Appellees H.E. Scobee, Dorothy Scobee, Hank Perkins, and Paula Perkins (collectively "the Lot Owners"). The dispute in this case centers on controlling the use of Pine Grove Drive, a street in Point Clear, Alabama. PCH owns Pine Grove Drive, and the Lot Owners have a private easement for a street in Pine Grove Drive. The district court...

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