MARLOW, L.L.C. v. BELLSOUTH TELECOMMUNICATIONS

No. 11-60394.

686 F.3d 303 (2012)

MARLOW, L.L.C., Plaintiff-Appellant, v. BELLSOUTH TELECOMMUNICATIONS, INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 27, 2012.


Attorney(s) appearing for the Case

Vicki R. Leggett , Patrick Holt Zachary (argued), Zachary & Leggett, P.L.L.C., Hattiesburg, MS, for Plaintiff-Appellant.

Hans J. Germann (argued), Nissa J. Imbrock , Theodore Livingston , Mayer Brown, L.L.P., Chicago, IL, Ambreen A. Delawalla , AT&T Southeast, Atlanta, GA, J. Stevenson Ray , Butler, Snow, O'Mara, Stevens & Cannada, P.L.L.C., Ridgeland, MS, for Defendant-Appellee.

Before STEWART, ELROD, and SOUTHWICK, Circuit Judges.


LESLIE H. SOUTHWICK, Circuit Judge:

In this diversity suit, a landowner seeks injunctive and compensatory relief from a telephone company for a trespass and for slandering its title to certain property. The district court granted summary judgment to the telephone company. We disagree with that court's conclusion that the telephone company had a constructive license but agree that it is not liable for slander of title. We AFFIRM in part,

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