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TEXAS PIPE LINE COMPANY v. COBB

No. 38950.

365 P.2d 1010 (1961)

TEXAS PIPE LINE COMPANY, a corporation, Plaintiff in Error, v. Albert J. COBB, Defendant in Error.

Supreme Court of Oklahoma.

October 10, 1961.

Attorney(s) appearing for the Case

P.R. Wimbish, Elmer W. Adams, Tulsa, Hardin Ballard, Purcell, for plaintiff in error.

George Bingaman, Thomas G. Smith, Purcell, for defendant in error.

WELCH, Justice.

This action was filed on March 8, 1958, by Albert J. Cobb against the Texas Pipe Line Company in the District Court of McClain County, Oklahoma, to recover damages for loss of land caused by erosion. The action was based on a covenant set forth in the easement providing that the grantee would pay any and all damages to crops, fences and land which may be suffered from the construction, operation or maintenance...

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