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BUCKEYE PIPE LINE COMPANY v. KEATING

No. 11565.

229 F.2d 795 (1956)

BUCKEYE PIPE LINE COMPANY, Plaintiff-Appellee, v. Edward M. KEATING and Mercantile National Bank of Hammond, as Trustee, Defendants-Appellants, and The Town of Highland, Lake County, Indiana, et al., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 13, 1956.

Attorney(s) appearing for the Case

Owen W. Crumpacker, Theodore M. Gemberling, Lowell E. Enslen, Hammond, Ind., for the defendant-appellants. Crumpacker & Schroer, Hammond, Ind., of counsel.

Charles M. Wells, Indianapolis, Ind., Joseph E. Tinkham, Hammond, Ind., Willard B. Van Horne, Jr., Raymond B. Young, East Chicago, Ind., for appellee, Travis & Tinkham, Hammond, Ind., Barnes, Hickam, Pantzer & Boyd, Indianapolis, Ind., of counsel.

Before DUFFY, Chief Judge, FINNEGAN and SWAIM, Circuit Judges.

SWAIM, Circuit Judge.

This case involves a type of conflict that is often occurring throughout the United States. A pipe line, used for transporting crude oil, has been located and operated pursuant to an easement since 1888. In 1952 urban growth led to the subdivision of the land through which the pipe ran and the construction of houses, streets and all the requirements of a city residential area. Four of the streets of the subdivision cross the pipe line, and the...

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