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HAMMAN v. SOUTHWESTERN GAS PIPELINE, INC.

No. 83-1028.

721 F.2d 140 (1983)

William Johnson HAMMAN, Blake Campbell Hamman, and Eva J. Hamman, Individually and as next friend of Robert Charles Hamman, a minor, Plaintiffs-Appellants, v. SOUTHWESTERN GAS PIPELINE, INC., A Texas Corporation, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 12, 1983.

Attorney(s) appearing for the Case

Law, Snakard, Brown & Gambill, Robert M. Randolph, G. Parker Young, Fort Worth, Tex., for plaintiffs-appellants.

Cantey, Hanger, Gooch, Munn & Collins, Stephen L. Tatum, Fort Worth, Tex., Sewell & Forbis, James E. Forbis, Decatur, Tex., for defendant-appellee.

Before GOLDBERG, GEE and TATE, Circuit Judges.

GEE, Circuit Judge:

On this appeal we are asked to determine whether a pipeline owned by appellee Southwestern Gas Pipeline, Inc. ("Southwestern") is subject to the safety regulations promulgated under the Natural Gas Pipeline Safety Act, 49 U.S.C. § 1671 et seq. (Supp. V 1981). We find that the pipeline is subject to the regulations and reverse the judgment of the district court.

I.

In late 1976, Southwestern constructed a pipeline in...

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