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TRANSWESTERN PIPELINE COMPANY v. O'BRIEN

No. 26631.

418 F.2d 15 (1969)

TRANSWESTERN PIPELINE COMPANY, Plaintiff-Appellant, v. A Right-of-Way for a Gas Transmission Pipeline in Sections 10, 11, 30, 31, and 50, all in Block F, Gunter & Munson, Maddox Brother & Anderson Survey, Winkler County, Texas, owned by Wm. D. O'BRIEN, Wm. D. O'Brien, Independent Executor & Co-Trustee under Will of Lysle Lynn O'Brien, Deceased, American State Bank, Lubbock, Texas, Mrs. Velma Gills and L. V. Gills, Wink, Texas, Mrs. Thelma Northcutt, Pecos, Texas, A. A. O'Brien, Wickett, Texas, Mrs. Georgia Clements, et vir., H. A. Clements, Monahans, Texas, Ellis H. (Pat) O'Brien, and Mrs. Polly Massey and Harold Massey, her husband, Wickett, Texas, Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 2, 1969.

Attorney(s) appearing for the Case

Tom R. Scott, Midland, Tex., John B. Holstead, James W. McCartney, Lynn R. Coleman, Frank F. Smith, Jr., Vinson, Elkins, Weems & Searls, Houston, Tex., Bullock & Scott, Midland, Tex., for plaintiff-appellant.

Robert Scogin, Finley & Scogin, Kermit, Tex., for defendants-appellees.

Before BELL and THORNBERRY, Circuit Judges, and CHOATE, Senior District Judge.

THORNBERRY, Circuit Judge.

Transwestern, appellant, as the holder of a Certificate of Public Convenience and Necessity issued by the Federal Power Commission for the construction of pipeline facilities, sought to condemn a sixty-six foot pipeline easement running through five sections of the appellees' (hereafter referred to as Landowners) 21,240 acre ranch located in Winkler County, in far West Texas, for a total taking of forty acres. The ranch is located in an...

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