U.S. Court of Appeals for the Fifth Circuit, 1965

Athenian Realty Corporation v. Southwestern Bell Telephone Company

U.S. Court of Appeals for the Fifth Circuit · Decided January 4, 1965 · Tuttle, Brown, Gewin

338 F.2d 1001 (Federal Reporter, Second Series)

Counsel

Jarrell Garonzik, Dallas, Tex., for appellant., Leo J. Hoffman, James H. Hand, Ed Gossett, Dallas, Tex., Donald W. Meeker, Kansas City, Mo., Henry W. Strasburger, Dallas, Tex., for appellee, American Telephone and Telegraph Co., Strasburger, Price, Kelton, Miller & Martin, Dallas, Tex., of counsel.

Cases that cite this one

3 later published cases cite this decision.

Tucker v. Atlantic Richfield Co. (Tex. App. 1990)
Exxon Corp. v. United States Department of Energy (Temporary Emergency Court of Appeals 1984)
Malinou v. Kiernan (R.I. 1969)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

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