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HAWTHORNE LAND CO. v. EQUILON PIPELINE CO., LLC

No. 01-31250.

309 F.3d 888 (2002)

HAWTHORNE LAND COMPANY, Plaintiff-Appellant, v. EQUILON PIPELINE COMPANY, LLC, Defendant-Appellee, United States Department of Energy, Intervenor Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 25, 2002.

Attorney(s) appearing for the Case

Timothy O'Dowd (argued), Hunter, Blazier O'Dowd, Lake Charles, LA, Gregory J. Logan, The Logan Law Firm, Lafayette, LA, for Plaintiff-Appellant.

Joe B. Norman (argued), Cheryl M. Kornick, Liskow & Lewis, New Orleans, LA, for Defendant-Appellee.

Kathryn E. Kovacs (argued), U.S. Dept. of Justice, Environment & Natural Resources, John Patrick Almeida, David Jack Lazerwitz, U.S. Dept. of Justice, Paul T. Michael, U.S. Dept. of Energy, Washington, DC, Lansen C. Barrow, U.S. Dept. of Energy, New Orleans, LA, for U.S. Dept. of Energy.

Before DAVIS, SMITH and BENAVIDES, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Plaintiff, Hawthorne Land Company ("Hawthorne") appeals the district court's judgment granting a summary judgment to Equilon Pipeline Company ("Equilon") and the United States Department of Energy (the "Government"). The district court concluded that Hawthorne's donation of a pipeline right-of-way to the Government contained no restriction which would prevent the Government from leasing the pipeline to Equilon. We agree with the district...

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