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OHIO RIVER PIPELINE CORP. v. LANDRUM

580 S.W.2d 713 (1979)

OHIO RIVER PIPELINE CORPORATION, Appellant, v. C. Donald LANDRUM, Jean Schottenstein, Saul Schottenstein, Jerome Schottenstein, Alvin Schottenstein, Miller, Wihry & Lee, Inc., Skilton Construction Company, Appellees. SKILTON CONSTRUCTION COMPANY, Cross-Appellant, v. OHIO RIVER PIPELINE CORPORATION, Miller, Wihry & Lee, Inc., C. Donald Landrum, Jean Schottenstein, Saul Schottenstein, Jerome Schottenstein, Alvin Schottenstein, and Berlan Construction Company, Cross-Appellees. MILLER, WIHRY & LEE, INC., Cross-Appellant, v. C. Donald LANDRUM, Jean Schottenstein, Saul Schottenstein, Jerome Schottenstein, Alvin Schottenstein, and Berlan Construction Company Cross-Appellees. C. Donald LANDRUM, Jean Schottenstein, Saul Schottenstein, Jerome Schottenstein, Alvin Schottenstein, and Berlan Construction Company No. 2, Inc., Cross-Appellants, v. OHIO RIVER PIPELINE CORPORATION, Miller, Wihry & Lee, Inc., Skilton Construction Company, Cross-Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 23, 1979.

Attorney(s) appearing for the Case

Thomas W. Speckman and Wilton R. Long, Jr., Speckman & Long, Louisville, for Ohio River Pipeline Corp.

John A. McCrea, McCrea & Schottenstein, Louisville, for C. Donald Landrum, Berlan Construction, et al.

Ben T. Cooper, Cooper, Kiel & Beale, Louisville, for Miller, Wihry & Lee, Inc.

Harry K. Herren, Jr., David C. Browder, Woodward, Hobson & Fulton, Louisville, for Skilton Const. Co.

Before COOPER, HAYES and PARK, JJ.

PARK, Judge.

These consolidated appeals arise out of an action for wrongful interference with a 50 foot gas pipeline easement owned by the plaintiff-appellant, Ohio River Pipeline Corporation. The easement crossed a ten acre tract in the Hunting Creek Subdivision of eastern Jefferson County which was being developed for apartment dwellings. Ohio River Pipeline was required to expend approximately $25,000 to remove 18 feet of fill placed over its pipeline during the...

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