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UCA, L.L.C. v. LANSDOWNE COMMUNITY DEVELOPMENT

No. Civ.A. 02-314-A.

215 F.Supp.2d 742 (2002)

UCA, L.L.C., d/b/a Adelphia Cable Communications, Plaintiff, v. LANSDOWNE COMMUNITY DEVELOPMENT, LLC, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

August 12, 2002.

Attorney(s) appearing for the Case

John Douglas McKay, McKay Law Offices, Charlottesville, VA, for plaintiff.

Maureen Byrne Beahn, Jennifer Keith Cannon, Shaw Pittman, LLP, McLean, VA, Tina R. Reynolds, Shaw Pittman, LLP, Washington, D.C., Kevin Timothy Garofoli, Troutman Sanders, LLP, Washington, DC, Stephen Atherton Northup, Troutman, Sanders, LLP, Richmond, VA, for defendants.

MEMORANDUM OPINION

ELLIS, District Judge.

This case presents, inter alia, the novel question whether under the Pole Attachments Act, 47 U.S.C. § 224(f) (the "Pole Act"), a utility must grant a party access to that utility's right-of-way where, as here, that right-of-way is created by a limited easement that, under applicable state law, does not include the rights to which the party seeks access.

The parties have all filed dispositive...

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