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INTERNATIONAL PAPER v. MCI WORLDCOM NETWORK

No. CIV.00-6202.

202 F.Supp.2d 895 (2002)

INTERNATIONAL PAPER COMPANY Plaintiff v. MCI WORLDCOM NETWORK SERVICES, INC. Defendant

United States District Court, W.D. Arkansas, Hot Springs Division.

May 1, 2002.

Attorney(s) appearing for the Case

Sherry P. Bartley and Leigh Anne Shults, Mitchell, Williams, Selig, Gates & Woodyard, Little Rock, for Plaintiff or Petitioner.

Kevin A. Crass and Jay T. Taylor, Friday, Eldredge & Clark, Little Rock, David A. Handzo and J. Alex Ward, Jenner & Block, LLC, Washington, D.C., for Defendant or Respondent.

OPINION AND ORDER

DAWSON, District Judge.

On this 1st day of May 2002, there comes on for consideration the motion for summary judgment filed by defendant MCI Worldcom Network Services, Inc. (MCI) on December 11, 2001. (Doc. # 13). The questions presented by the motion require this court to apply centuries-old real property principles to resolve a dispute involving modern technology. In 1987 and 1988, MCI installed fiber optic cables within a railroad...

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