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DEPARTMENT OF HIGHWAYS v. UNITED GAS PIPE LINE CO.

No. 16976.

258 F.2d 359 (1958)

DEPARTMENT OF HIGHWAYS, STATE OF LOUISIANA, Appellant, v. UNITED GAS PIPE LINE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 4, 1958.

Attorney(s) appearing for the Case

D. Ross Banister, J. Elton Huckabay, Attys., W. Crosley Pegues, Jr., Gen. Counsel, Dept. of Highways, Baton Rouge, La., for appellant.

John T. Guyton, John M. Madison, Frank O. Looney, W. O. Crain, Shreveport, La., for appellee.

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

TUTTLE, Circuit Judge.

This case was previously here and was decided in favor of appellant's contention that the permit granting the appellee the right to traverse a state highway placed upon the Pipe Line Company the expense of altering its under-road construction to meet a change in location of a state highway outside the boundaries of the original highway right-of-way, 5 Cir., 258 F.2d 357. On motion for rehearing we set aside...

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