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TENNECO, INC. v. GREATER LAFOURCHE PORT COMMISSION

No. 27532.

427 F.2d 1061 (1970)

TENNECO, INC., Plaintiff-Appellant, v. GREATER LAFOURCHE PORT COMMISSION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied July 7, 1970.

Attorney(s) appearing for the Case

Burt W. Sperry, Monroe, La., for appellant.

Stanley L. Perry, Galliano, La., for appellee.

Peter Monrose, New Orleans, La. (Humble Gas Transmission), B. R. Dickerson, Shreveport, La. (United Gas Pipe Line), Wiley G. Lastrapes, Daniel P. Hurley, Shirley C. Friend, Jr., New Orleans, La. (Texaco, Texas Pipe Line), Jack C. Hardy (Sunoco Gulf Coast Div.), Div., Gen. Atty., Henry Lastrapes (Sun Oil), Chief La. Atty., Beaumont, Tex., amici curiae.

Before WISDOM, SIMPSON, and CLARK, Circuit Judges.

WISDOM, Circuit Judge:

In this Erie-bound case we construe a condition attached to a Louisiana Department of Public Works permit for a bayou pipeline crossing. We conclude that the condition does not require the pipeline company to pay for alterations occasioned by the state's encroachment on an adjacent easement that the company had purchased from a private party.

I.

In 1955, the State of Louisiana,1 owner of...

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