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AIR LIQUIDE AMERICA v. U.S. ARMY CORPS OF ENG'RS.

No. 02-20442.

359 F.3d 358 (2004)

AIR LIQUIDE AMERICA CORPORATION; EGP Fuels Company; Equilon Pipeline Company, LLC; Exxon Pipeline Company; Florida Gas Transmission Company; Houston Pipe Line Co.; HSC Pipeline Partnership LP; Mobil Chemical Company, an unincorporated division of Mobil Oil Corporation; Mobil Pipeline Company; Seadrift Pipeline Corporation; TE Products Pipeline Company Limited Partnership; Texas Eastern Transmission Corp.; UCAR Pipeline Incorporated; Chevron Chemical Co.; Chevron Pipeline Co.; Dynegy Midstream Services; Teppco Crude Oil LLC, Plaintiffs-Counter Defendants-Appellees-Cross-Appellants, Duke Energy Transport and Trading Company, Plaintiff-Counter Defendant-Appellee, Air Products Incorporated; Air Products Manufacturing Corporation; Black Marlin Pipeline Company; Tejas Ship Channel LLC; Tejas South Pipeline Partnership, Intervenor Plaintiffs-Appellees-Cross-Appellants, v. U.S. ARMY CORPS OF ENGINEERS, Defendant-Counter Claimant-Appellant-Cross-Appellee, Port of Houston Authority of Harris County, Texas, Movant-Appellant-Cross-Appellee. Air Liquide America Corporation; EGP Fuels Company; Equilon Pipeline Company LLC; Exxon Pipeline Co.; Florida Gas Transmission Company; Houston Pipe Line Co.; HSC Pipeline Partnership LP; Mobil Chemical Company, an unincorporated division of Mobil Oil Corporation; Mobil Pipeline Company; Seadrift Pipeline Corporation; TE Products Pipeline Company Limited Partnership; Texas Eastern Transmission Corp.; UCAR Pipeline Inc., Plaintiffs-Appellees-Cross-Appellants, Duke Energy Transport and Trading Company, Plaintiff-Appellee, v. Port of Houston Authority of Harris County, Texas, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed January 30, 2004.

Attorney(s) appearing for the Case

Osborne J. Dykes (argued), David Wilks Corban, William Joseph Boyce, Fulbright & Jaworski, Houston, TX, for Plaintiffs.

T. Christopher Trent, Eileen K. Wilson, R. Todd Marshall, Johnson, Spalding, Doyle, West & Trent, Houston, TX, for Intervenors.

Richard H. Caldwell (argued), Gene L. Locke, Dillon James Ferguson, Andrews & Kurth, Craig Smyser, Larry R. Veselka, Smyser, Kaplan & Veselka, Houston, TX, for Port of Houston Auth. of Harris Cty., TX.

Fred R. Disheroon (argued), William Brandt Lazarus, John A. Bryson, U.S. Dept. of Justice, Environment & Natural Resources, Washington, DC, for U.S. Army Corps of Engineers.

Before BARKSDALE, DeMOSS and BENAVIDES, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

At issue is cost-allocation for privately owned pipelines under the Houston Ship Channel (channel) being relocated as part of the project by the United States Army Corps of Engineers and the Port of Houston Authority to widen and deepen the channel. The Corps and the Port appeal the partial summary judgment awarded the pipeline owners: inter alia, the Port was held responsible for the relocation cost. Owners' conditional...

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