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MAHER v. CITIES SERVICE PIPE LINE COMPANY

No. 6412.

286 F.2d 313 (1960)

Edmund MAHER and Zelora Maher, Appellants, v. CITIES SERVICE PIPE LINE COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

December 23, 1960.

Attorney(s) appearing for the Case

Fred R. Vieux, Augusta, Kan., for appellants.

J. B. McKay, El Dorado, Kan., and R. O. Mason, Bartlesville, Okl., (Gentry Lee, Bartlesville, Okl., F. H. Bacon, St. Louis, Mo. and James B. McKay, Jr., El Dorado, Kan., were with him on the brief), for appellee.

Before BRATTON, PICKETT and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

In this diversity action the appellants-plaintiffs appeal from a judgment entered upon a directed verdict in favor of appellee-defendant, Cities Service Pipe Line Company. The action was to recover damages for injury to real estate allegedly caused by oil leakage from a pipeline and by misconduct in removing and replacing a pipeline. The trial court held that the action was barred by the two-year Kansas statute of limitations.

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