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KNIGHT v. ENBRIDGE PIPELINES (FSP) L.L.C.

No. 13-3481.

759 F.3d 675 (2014)

Michelle KNIGHT and Jeffrey Barth, Plaintiffs-Appellants, v. ENBRIDGE PIPELINES (FSP) L.L.C. and CCPS Transportation, LLC, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 16, 2014.

Attorney(s) appearing for the Case

Mercer Turner , Attorney, Bloomington, IL, for Plaintiffs-Appellants.

John A. Heller , Attorney, Gerald A. Ambrose , Attorney, Sidley Austin LLP, Chicago, IL, for Defendants-Appellees.

Before CUDAHY and EASTERBROOK, Circuit Judges, and LAWRENCE, District Judge.

EASTERBROOK, Circuit Judge.

In 1952 the owner of some land in Illinois granted a pipeline operator an easement for two pipelines across the parcel. The first was built immediately; the second, if built at all, had to be within 10 feet of the first. The operator promised that the land would remain farmable. (The contract says that any pipeline must be "buried to such depth as will not interfere with such cultivation".) The current suit is between successors to the...

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