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WEST v. LOUISVILLE GAS & ELEC. CO.

No. 19-2442.

951 F.3d 827 (2020)

Stephen R. WEST, Plaintiff-Appellant, v. LOUISVILLE GAS & ELECTRIC COMPANY, Defendant, and Charter Communications, Inc., and Spectrum Mid-America, LLC, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 2, 2020.

Attorney(s) appearing for the Case

John D. Cox , Scott D. Spiegel , Attorneys, LYNCH, COX, GILMAN & GOODMAN, PSC, Louisville, KY, for Plaintiff-Appellant.

Kevin M. Cloutier , Attorney, SHEPPARD, MULLIN, RICHTER & HAMPTON LLP, Chicago, IL, Abraham Shanedling , Paul Anthony Werner, III , Attorneys, SHEPPARD, MULLIN, RICHTER & HAMPTON, LLP, Washington, DC, Defendants-Appellees.

Matthew A. Brill , Attorney, LATHAM & WATKINS LLP, Washington, DC, for Amicus Curiae NATIONAL CABLE & TELECOMMUNICATIONS ASSOCIATION.

Before Bauer, Easterbrook, and Hamilton, Circuit Judges.

This appeal presents a question about how 47 U.S.C. § 541(a)(2), part of the Cable Communications Policy Act of 1984, affects use of a utility easement in Indiana.

In 1938 a predecessor of Stephen West granted a perpetual easement to a predecessor of Louisville Gas & Electric Company, permitting it to...

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