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STATE v. MICHIGAN WISCONSIN PIPELINE CO.

No. 50092.

360 So.2d 684 (1978)

STATE of Mississippi et al., Petitioners-Appellants, v. MICHIGAN WISCONSIN PIPELINE COMPANY, Defendant-Appellee.

Supreme Court of Mississippi.

As Modified On Denial Of Rehearing July 12, 1978.

Attorney(s) appearing for the Case

A.F. Summer, Atty. Gen., T.E. Childs, Jr., Sp. Asst. Atty. Gen., William A. Allain, Jackson, Townsend, McWilliams & Holladay, P.J. Townsend, Jr., Drew, Lyon, Crosthwait, Terney & Noble, Champ T. Terney, Indianola, for petitioners-appellants.

Lake, Tindall, Hunger & Thackston, Charles S. Tindall, Charles S. Tindall, III, Greenville, for defendant-appellee.

Before PATTERSON, C.J., and BROOM and BOWLING, JJ.

PATTERSON, Chief Justice, for the Court:

This is an appeal by the State of Mississippi from a decree of the Chancery Court of Sunflower County allowing Michigan Wisconsin Pipeline Company compensation for lowering its pipelines necessitated by the construction of a drainage canal over its alleged easement across state lands.

In 1955 the Chairman and a commissioner of the Board of Commissioners of the Mississippi State Penitentiary executed and delivered a...

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