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UNITED TEXAS TRANSMISSION v. ARMY CORPS OF ENG'RS

No. 91-4638.

7 F.3d 436 (1993)

UNITED TEXAS TRANSMISSION COMPANY, Plaintiff-Appellant, v. UNITED STATES ARMY CORPS OF ENGINEERS, Etc., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

November 18, 1993.

Attorney(s) appearing for the Case

Dennis M. Dylewski, Susan G. Douglass, Charles M. Clark, Calvin, Dylewski, Gibbs, Maddox, Russell & Verner, Houston, TX, for United Texas Transmission Co.

John H. Cheatham, III, Washington, DC, for amicus curiae INGAA.

Robert B. Cooper, David J. Muchow, Arlington, VA, for amicus curiae, American Gas Assoc.

John Moeller, Dallas, TX, for amicus curiae, TINGPA/Delhi Gas Pipeline Corp.

Fred R. Disheroon, Dirk D. Snel, Atty., Appellate Sect. Env. & Nat. Res. Div., U.S. Dept. of Justice, Washington, DC, Lavon L. Jones, Asst. U.S. Atty., Beaumont, TX, Susan V. Cook, Land & Natural Resource Div., Washington, DC, for U.S. Army Corps of Engineers.

Thad Heartfield, Beaumont, TX, Jack Nolan Price, Austin, TX, Guy N. Goodson, Benckenstein, Oxford & Johnson, Beaumont, TX, for Jefferson County Drainage.

Before JONES and WIENER, Circuit Judges, and LITTLE, District Judge.

WIENER, Circuit Judge:

We write today to resolve a long-standing dispute as to the party responsible for the costs of relocating sections of two pipelines which, pursuant to permits issued by the United States Army Corps of Engineers (the Corps), ran under the Hillebrandt Bayou (the bayou) in Southeast Texas. At all relevant times, the pipelines were owned by the United Texas Transmission Company (UTTCO). Their relocation was required to conform with a project to...

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