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RUTHERFORD v. COLUMBIA GAS

No. 08-3148.

575 F.3d 616 (2009)

Emily RUTHERFORD, Plaintiff-Appellant, v. COLUMBIA GAS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 30, 2009.

Attorney(s) appearing for the Case

ARGUED: Steven T. Greene, Morrow, Gordon & Byrd, Ltd., Newark, Ohio, for Appellant. John P. Lavelle, Lavelle & Associates, Athens, Ohio, for Appellee. ON BRIEF: Steven T. Greene, Christopher M. Shook, Morrow, Gordon & Byrd, Newark, Ohio, for Appellant. John P. Lavelle, Lavelle & Associates, Athens, Ohio, Gregory D. Brunton, Reminger & Reminger Co., L.P.A., Columbus, Ohio, for Appellee.

ROGERS, J., delivered the opinion of the court, in which JORDAN, D.J., joined. CLAY, J. (pp. ___ _ ___), delivered a separate opinion concurring in part and dissenting in part.

OPINION

ROGERS, Circuit Judge.

Like cases should end in like judgments. Once this court decides questions of law presented in a dispute, a nearly identical dispute ought to yield a similar outcome. Emily Rutherford challenges the Columbia Gas Transmission Corporation's ability to maintain its pipeline easement by clearing certain trees from her land, but her appeal comes to us soon after we affirmed the same magistrate's rejection of another landowner's...

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