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G & M v. BP OIL PIPELINE CO.

No. 12-30741.

730 F.3d 484 (2013)

GULF AND MISSISSIPPI RIVER TRANSPORTATION COMPANY, LIMITED, Plaintiff-Appellant, v. BP OIL PIPELINE COMPANY, formerly known as Sophio Pipeline Company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 18, 2013.

Attorney(s) appearing for the Case

Robert G. Nida, Esq. , Stephen Alan Lafleur , Attorney, Gold, Weems, Bruser, Sues & Rundell, Alexandria, LA, for Plaintiff-Appellant.

Joe B. Norman, Esq. , Dana Marie Douglas, Esq. , Kathryn Michelle Zainey , Liskow & Lewis, P.L.C., New Orleans, LA, for Defendant-Appellee.

Before ELROD and HIGGINSON, Circuit Judges, and MARTINEZ, District Judge.

JENNIFER WALKER ELROD, Circuit Judge:

This is an action for an accounting of a share of profits allegedly owed to Gulf and Mississippi River Transportation Company ("G & M") because BP Oil Pipeline Company ("BP") operated a pumping station on land the companies co-owned. The express servitude that initially allowed for the pumping station expired in 1980. Although negotiations to extend the servitude failed, BP continued...

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