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MID-AMERICA PIPELINE v. LARIO ENTERPRISES

Nos. 89-3231, 89-3246.

942 F.2d 1519 (1991)

MID-AMERICA PIPELINE COMPANY, Plaintiff-Appellant-Cross-Appellee, v. LARIO ENTERPRISES, INC., and the City of Topeka, Kansas, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 17, 1991.

Attorney(s) appearing for the Case

Leonard J. Johnson (David C. Stout with him on the briefs) of Morrison, Hecker, Curtis, Kuder & Parrish, Kansas City, Mo. and James L. Grimes of Cosgrove, Webb & Oman, Topeka, Kan., for plaintiff-appellant-cross-appellee.

Gerald L. Goodell (Leslie E. Diehl of Goodell, Stratton, Edmonds & Palmer; Stephen P. Weir and Edwin P. Carpenter of Carpenter, Weir & Myers, with him on the briefs) of Goodell, Stratton, Edmonds & Palmer, Topeka, Kan., for defendants-appellees-cross-appellants.

Before BALDOCK and BRORBY, Circuit Judges, and ANDERSON, District Judge.

BRORBY, Circuit Judge.

Mid-America Pipeline Company ("MAPCO" or Appellant) seeks equitable relief from the construction of Heartland Park Topeka (HPT), a newly-built automobile raceway that partially overlies MAPCO's pre-existing high-pressure liquid gas pipeline easements. MAPCO appeals the United States District Court for the District of Kansas's denial of an injunction mandating the removal of the offending parts of the...

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