ROCKIES EXP. PIPELINE v. 4.895 ACRES OF LAND

No. 12-3069.

734 F.3d 424 (2013)

ROCKIES EXPRESS PIPELINE LLC, Plaintiff-Appellee, v. 4.895 ACRES OF LAND, MORE OR LESS, et al., Defendants, Murray Energy Corporation; Consolidated Land Company; American Energy Corporation, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 15, 2013.


Attorney(s) appearing for the Case

ARGUED: Mark S. Stemm , Porter, Wright, Morris & Arthur, LLP, Columbus, Ohio, for Appellants. Gregory D. Brunton , Reminger Co., L.P.A., Columbus, Ohio, for Appellee. ON BRIEF: Mark S. Stemm , Alvin J. McKenna , Bryan R. Faller , Porter, Wright, Morris & Arthur, LLP, Columbus, Ohio, John E. Jevicky , Dinsmore & Shohl, LLP, Cincinnati, Ohio, for Appellants. Gregory D. Brunton , Paul N. Garinger , Reminger Co., L.P.A., Columbus, Ohio, for Appellee.

Before: SILER, GRIFFIN, and STRANCH, Circuit Judges.


OPINION

GRIFFIN, Circuit Judge.

Plaintiff Rockies Express Pipeline LLC ("REX") was unsuccessful in privately obtaining from Ohio landowners easements along the right-of-way for an interstate natural-gas pipeline that the Federal Energy Regulatory Commission ("FERC") had authorized the gas company to build and operate. REX therefore took the next available step and filed the instant action in federal court seeking the necessary easements through eminent domain...

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