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RICE v. TRUNKLINE GAS COMPANY

No. 14092.

323 F.2d 394 (1963)

Martin W. RICE and Ruth Rice, Plaintiffs-Appellees, v. TRUNKLINE GAS COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 5, 1963.

Attorney(s) appearing for the Case

James F. Lemna, Tuscola, Ill., Robert Z. Hickman, Danville, Ill., for appellant, Lemna & Lee, Tuscola, Ill., Gunn, Hickman & Kesler, Danville, Ill., of counsel.

Carroll W. Dukes, Ralph J. Swanson, Danville, Ill., for appellees, Sebat, Swanson, Banks & Jones, Danville, Ill., of counsel.

Before HASTINGS, Chief Judge, and DUFFY and CASTLE, Circuit Judges.

DUFFY, Circuit Judge.

This suit was brought by plaintiffs, owners of farm land, to recover for damages to their land, tile drainage system and growing crops, alleged to have resulted from the construction of a 26" gas pipeline across their land by the defendant. Plaintiffs also sought recovery for the injury to and death of turkeys on their farm alleged to have resulted from the turkeys being frightened by defendant's aerial patrol of its pipeline.

Defendant...

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