TEXAS EASTERN TRANSMISSION CORP. v. McDONALD

No. 10597.

198 F.2d 929 (1952)

TEXAS EASTERN TRANSMISSION CORP. v. McDONALD et al.

United States Court of Appeals Seventh Circuit.

October 1, 1952.


Attorney(s) appearing for the Case

Arthur F. Melvin, Marion, Ill., Harold N. Lingle, Anna, Ill., for appellant.

W. D. Deakins, Jr., Houston, Tex., R. Wallace Karraker, Jonesboro, Ill., for appellee.

Before MAJOR, Chief Judge, and LINDLEY and SWAIM, Circuit Judges.


SWAIM, Circuit Judge.

This is an appeal from a summary judgment for plaintiff on counts 1 and 2 of defendants' counterclaim which included four counts. The judgment rendered denied the plaintiff's motion for summary judgment on counts 3 and 4 of the counterclaim and did not dispose of the claim for injunctive relief presented by the complaint.

The defendants, Kenneth McDonald and Mabel McDonald, his wife, own the fee simple title to a rectangular tract of...

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