MCI COMMUNICATIONS SERVICES, INC. v. CMES, INC.

No. 11-12807.

698 F.3d 1333 (2012)

MCI COMMUNICATIONS SERVICES, INC., d.b.a. Verizon Business, Plaintiff-Appellant, v. CMES, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 15, 2012.


Attorney(s) appearing for the Case

Anthony Joseph Jorgenson , Hall Estill Hardwick Gable Golden & Nelson, PC, Oklahoma City, OK, James J. Proszek , Hall Estill Hardwick Gable Golden & Nelson, PC, Tulsa, OK, William Drummond Deveney , Brent L. Wilson , Elarbee Thompson Sapp & Wilson, LLP, Atlanta, GA, for Plaintiff-Appellant.

Jason King , John E. Hall, Jr. , Brian David Trulock , Hall Booth Smith & Slover, PC, Christina Craddock , Bovis Kyle & Burch, LLC, Atlanta, GA,

Before MARTIN, HILL and EBEL, Circuit Judges.


PER CURIAM:

MCI Communications Services, Inc. ("MCI") appeals from the district court's grant of summary judgment defeating its claim for loss-of-use damages. We affirm.

On March 30, 2007, CMES, Inc. was performing excavation work in Stone Mountain, Georgia, when it severed an underground fiber-optic cable owned by MCI. The severance caused 568,263 phone calls to be blocked and 242 customer complaints to be filed. The remaining traffic on the cable was rerouted...

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