Athenian Realty Corporation v. Southwestern Bell Telephone Company

Fifth Circuit

Athenian Realty Corporation v. Southwestern Bell Telephone Company

338 F.2d 1001

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 4, 1965

Docket21542

StatusPublished

Cited by3 cases

This text of 338 F.2d 1001 (Athenian Realty Corporation v. Southwestern Bell Telephone Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Athenian Realty Corporation v. Southwestern Bell Telephone Company, 338 F.2d 1001 (5th Cir. 1965).

Pincite

Opinion

PER CURIAM.

In this action for declaratory judgment after extensive pre-trial proceedings and a full trial on the merits, the District Court rejected the Appellant-property owner’s claim that the Telephone Company had no easement in the property in question. The findings of fact and conclusions of law to this effect are amply sustained by the record.

Appellant asserts that the trial Court did not adequately declare the rights of the parties. Although in this respect the formal judgment may be deficient, the conclusions of law in the Court’s memorandum opinion, 236 F.Supp. 537, which are deemed to be incorporated in the *1002 judgment, set forth an adequate declaration of the rights of the respective parties insofar as they could be determined at this stage.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

In this action for declaratory judgment after extensive pre-trial proceedings and a full trial on the merits, the District Court rejected the Appellant-property owner’s claim that the Telephone Company had no easement in the property in question. The findings of fact and conclusions of law to this effect are amply sustained by the record.

Appellant asserts that the trial Court did not adequately declare the rights of the parties. Although in this respect the formal judgment may be deficient, the conclusions of law in the Court’s memorandum opinion, 236 F.Supp. 537, which are deemed to be incorporated in the *1002 judgment, set forth an adequate declaration of the rights of the respective parties insofar as they could be determined at this stage.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

338 F.2d 1001, Counsel Stack Legal Research, https://law.counselstack.com/opinion/athenian-realty-corporation-v-southwestern-bell-telephone-company-ca5-1965.

Opinion

Related

Cite This Page — Counsel Stack