SINCLAIR PIPE LINE COMPANY v. ARCHER COUNTY

No. 16454.

245 F.2d 79 (1957)

SINCLAIR PIPE LINE COMPANY, Appellant, v. ARCHER COUNTY, TEXAS, Appellee.

United States Court of Appeals Fifth Circuit.

May 29, 1957.


Attorney(s) appearing for the Case

Howard Barker, Cantey, Hanger, Johnson, Scarborough & Gooch, Fort Worth, Tex., for appellant.

Guy Rogers, Wichita Falls, Tex., Paul O. Wylie, Archer City, Tex., Rogers, Eggers & Sherrill, Wichita Falls, Tex., for appellee.

Before HUTCHESON, Chief Judge, and TUTTLE and JONES, Circuit Judges.


HUTCHESON, Chief Judge.

Alleging that, as the reasonable and necessary cost of accommodating or adjusting its existing pipe lines to widened or relocated rights of way, for which defendant had undertaken with the Highway Commission to acquire the necessary clearances, it had made expenditures, for which it had not been reimbursed, plaintiff brought this suit for a declaratory judgment, that it was entitled to recover them as compensation for property taken without...

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