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Henley v. Continental Cablevision of St. Louis County, Inc.

Missouri Court of Appeals
692 S.W.2d 825 (Mo. Ct. App. 1985)


Facts

Trustees of the University Park Subdivision (trustees) (plaintiffs) were granted the right to construct and maintain the equipment necessary to provide telephone and electric service to residents of the subdivision. The trustees conveyed easements in gross to Southwestern Bell Telephone Company and Union Electric (utilities) to construct and maintain poles and wires for providing the services to residents of the subdivision. Continental Cablevision (Cablevision) (defendants) acquired licenses from the utilities to use their easements and added wires in order to transmit television service. The trustees filed for an injunction seeking to require Cablevision to remove their wires.

Rule of Law

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Issue

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Holding and Reasoning (Gaerntner, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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