VARDEMAN v. MUSTANG PIPELINE CO.

No. 12-00-00141-CV.

51 S.W.3d 308 (2001)

Michael G. VARDEMAN, Appellant, v. MUSTANG PIPELINE COMPANY, Appellee.

Court of Appeals of Texas, Tyler.

March 22, 2001.


Attorney(s) appearing for the Case

Joe Shumate, for Appellant.

Ken Good, for Appellee.

Panel consisted of DAVIS, C.J., WORTHEN, J., and GRIFFITH, J.


WORTHEN, Justice.

In this condemnation case, the trial court granted Mustang Pipeline Company ("Mustang") an easement for an ethylene pipeline across the property of Michael Vardeman ("Vardeman") and awarded Vardeman $4,696.61 for the taking. Vardeman presents three issues for our consideration, all ultimately dependent upon his contention that Mustang is not a common carrier. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

In 1970, Mustang was...

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