PEMBROKE v. GULF OIL CORPORATION

No. 71-1241.

454 F.2d 606 (1971)

C. Graham PEMBROKE et al., Plaintiffs-Appellees-Cross Appellants, v. GULF OIL CORPORATION, Defendant-Appellant-Cross Appellee (two cases).

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 24, 1972.


Attorney(s) appearing for the Case

John E. Bailey, Melvin Evans, Booth Kellough, New Orleans La., for defendant-appellant-cross-appellee.

Arthur C. Reuter, Reuter, Reuter & Schott, New Orleans, La., Attorneys for plaintiffs-appellees-cross-appellants.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


THORNBERRY, Circuit Judge:

Gulf in the instant case appeals from a judgment of the district court entered in Pembroke's favor for $248,657.00. Liability was based on Gulf's breach of contract in flooding Pembroke's land in excess of certain contract rights granted. Finding Gulf to have hit home on but one of its points in this appeal, which is as water-logged as Gulf's right of way, we affirm in part and reverse in part.

The facts, as found by the district...

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