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TENNECO, INC. v. MAY

No. 2300.

377 F.Supp. 941 (1974)

TENNECO, INC., Plaintiff, v. Glenn MAY et al., Defendants.

United States District Court, E. D. Kentucky, Lexington Division.

June 24, 1974.

Attorney(s) appearing for the Case

John E. Smith, Lancaster, Ky., R. Vincent Goodlett, Halzelrigg & Cox, Frankfort, Ky., for plaintiff.

William R. Bagby, Lexington, Ky., for defendants.

MEMORANDUM

SWINFORD, District Judge.

On May 6, 1957, the plaintiff was granted an easement for an underground pipeline across the defendants' property. The pipeline was duly installed and maintained without interference with the servient estate. Early in 1971, the defendants commenced construction of a paved roadway over portions of the Tenneco easement. This action for injunctive relief and damages was initiated following the plaintiff's determination that...

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