WEAVER v. NATURAL GAS PIPELINE CO.

No. 37298.

27 Ill.2d 48 (1963)

188 N.E.2d 18

CLARENCE EDWARD WEAVER et al., Appellants, v. NATURAL GAS PIPELINE COMPANY OF AMERICA, Appellee.

Supreme Court of Illinois.

Opinion filed February 1, 1963.


Attorney(s) appearing for the Case

J. ROBERT MURPHY, of Aurora, (EUGENE G. GRIFFIN, and JAMES R. EDWARDS, of counsel,) for appellants.

Ross, McGOWAN, HARDIES & O'KEEFE, of Chicago, and KENNETH L. CARNAHAN, of Sycamore, (JOSEPH M. WELLS, PHILLIP A. McKINSEY, and PATRICK A. HEFFERNAN, of counsel,) for appellee.


Decree affirmed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

This action was brought to determine whether a right-of-way agreement executed by plaintiffs' predecessors in title to a 160-acre farm gives the Natural Gas Pipeline Company the right to replace a 4-inch gas pipeline constructed across the farm with a 10-inch line. The circuit court of DeKalb County held that the agreement gave defendant that right and denied plaintiffs' prayer for injunctive...

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