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MICHIGAN WISCONSIN PIPE LINE COMPANY v. MILLER

No. 2877.

229 So.2d 182 (1969)

MICHIGAN WISCONSIN PIPE LINE COMPANY, Plaintiff-Appellee, v. Larry H. MILLER, Defendant-Appellant.

Court of Appeal of Louisiana, Third Circuit.

Dissenting Opinion December 4, 1969.

Rehearing Denied January 7, 1970.

Writ Refused February 27, 1970.

Attorney(s) appearing for the Case

Young & Burson, by I. J. Burson, Jr., Eunice, for defendants-appellants.

Shotwell, Brown & Sperry, by E. C. Stout, Monroe, and Garland and DeJean by H. B. DeJean, Jr., Opelousa, for plaintiff-appellee.

Before SAVOY, HOOD and MILLER, JJ.

SAVOY, Judge.

The plaintiff instituted this suit to expropriate a right-of-way across defendant's land in St. Landry Parish, Louisiana. Plaintiff is constructing a new thirty inch high-pressure gas transmission pipeline which will parallel at a distance of 25 feet an existing twenty inch pipeline which was constructed in 1952. Plaintiff acquired a right-of-way, 75 feet in width, for the first pipeline, and the permanent servitude sought in this case, of 30 feet in...

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