152964P.pdf   03/29/2017  Michael Biffle  v.  Sho-Me Power Electric, etc.
   U.S. Court of Appeals Case No:  15-2964
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Benton, Author, with Loken and Gruender, Circuit Judges] 
   Civil case - Property law. Where defendant Sho-me Power had an easement 
   which gave it the right to install and use fiber-optic cables for internal 
   communications related to supplying electricity in connection with the 
   operations covered by the initial easement, the easements did not give it 
   and defendant Sho-Me Tech the right to use the fiber-optic cables 
   installed on easement land for commercial telecommunications purposes 
   unrelated to supplying electricity; this use constituted a trespass under 
   Missouri law; however, the district court erred in finding the plaintiffs 
   could use the theory of unjust-enrichment to recover damages for the 
   trespass, and the jury award of damages for unjust enrichment is vacated; 
   on remand, the landowner plaintiffs may chose to pursue damages on their 
   trespass claim; the district court did not abuse its discretion by 
   certifying a class of landowners in this matter.