CANOVA v. SHELL PIPELINE CO.

No. 01-30385.

290 F.3d 753 (2002)

Carlo J. CANOVA, Plaintiff-Appellant, v. SHELL PIPELINE COMPANY; Equilon Pipeline Company, L.L.C.; United States of America, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 7, 2002.


Attorney(s) appearing for the Case

Patrick W. Pendley (argued), Pendley Law Firm, Plaquemine, LA, David M. Ellison, Jr. (argued), Ellison & Ellison, Baton Rouge, LA, for Plaintiff-Appellant.

Cheryl M. Kornick, John M. Wilson, Liskow & Lewis, New Orleans, LA, for Shell Pipeline Co. and Equilon Pipeline Co.

David Jack Lazerwitz (argued), David C. Shilton, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC, for U.S.

Before KING, Chief Judge, and REAVLEY and WIENER, Circuit Judges.


REAVLEY, Circuit Judge:

Plaintiff-Appellant Carlo Canova is the owner of Louisiana land over which the United States acquired an easement for pipelines to access a storage facility in the Strategic Petroleum Reserve (SPR). Equilon Pipeline Company has leased the pipeline from the United States for commercial use. Canova1 seeks to enjoin this use by Equilon. The district court granted judgment in favor of Equilon and the United States denying...

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