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OTWELL v. ALABAMA POWER CO.

No. 13-12584.

747 F.3d 1275 (2014)

Charles R. OTWELL, Sr., Judy Otwell, David Billings, KHFW, LLC, Plaintiffs-Appellants, v. ALABAMA POWER COMPANY, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 1, 2014.

Attorney(s) appearing for the Case

Audrey E. Brown , William S. Cox, III , J. Gorman Houston, Jr. , John Mann Johnson , Brooke G. Malcom , Lightfoot Franklin & White, LLC, Birmingham, AL,

James C. King , King Bryan & Wiley, Jasper, AL, for Plaintiffs-Appellants.

Ed R. Haden , S. Allen Baker, Jr. , Adam Kent Israel , Teresa G. Minor , Jason Brent Tompkins , Balch & Bingham, LLP, Birmingham, AL, James A. Byram, Jr. , Balch & Bingham, LLP, Montgomery, AL, for Defendant-Appellee.

Before HULL and BLACK, Circuit Judges, and SMITH, District Judge.

BLACK, Circuit Judge:

Charles and Judy Otwell, property owners on Smith Lake in north central Alabama; David Billings, another property owner on Smith Lake; and KHFW, LLC, a real estate development company that owns property on Smith Lake (collectively, Appellants), appeal the district court's grant of summary judgment to Appellee Alabama Power Company (Alabama Power) on their complaint alleging Alabama Power unreasonably lowers the water levels of Smith Lake.

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