Whisenhunt v. Southwestern Bell Telephone d/b/a AT&T, 573 F.3d 565 (8th Cir. 2009)

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OUTCOME: Summary Judgment for AT&T affirmed by 8th Circuit

Real estate developers contended that AT&T was responsible for paying the cost of facility relocations made necessary by the development. AT&T responded that the developer should fund the cost of relo ... cation made necessary by its development because the developer was the "primary moving force" behind the need for relocation. The U.S. District Court for the Eastern District of Arkansas granted summary judgment for AT&T, which was affirmed on appeal to the 8th Circuit Court of Appeals.