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PHILLIPS PIPE LINE CO. v. CLEAR CREEK PROPERTIES, INC.

No. B-7018.

561 S.W.2d 174 (1978)

PHILLIPS PIPE LINE COMPANY, Petitioner, v. CLEAR CREEK PROPERTIES, INC., et al., Respondents.

Supreme Court of Texas.

Rehearing Denied February 15, 1978.

Attorney(s) appearing for the Case

Stayton, Maloney, Hearne & Babb, Kent M. Rider, Austin, for petitioner.

John H. Akin, Austin, for respondents.

PER CURIAM.

Phillips Pipe Line Company replaced a pipeline that ran approximately two miles across land owned by Clear Creek Properties, Inc. While the new line was laid within the easement owned by Phillips, it was necessary during the construction to enter onto and cut trees in a strip of land owned by Clear Creek outside the easement.

After the pipeline was laid, Clear Creek brought a damage suit for trespass on the strip of land outside the easement. Phillips...

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