United States Sixth Circuit

Pipeline easements, by their terms, do not explicitly require plaintiffs to pay for the relocation of existing lines, but plaintiffs waived any claim to invoke easement language alone as a bar to paying costs of relocation, based on the parties' prior dealings in which plaintiffs acquiesced to use of the pipelines by a company other than defendant.

Appellate Information

• Decided 11/13/2002
• Published 11/13/2002

Judges

• Before:  MERRITT and DAUGHTREY, Circuit Judges;  WEBER, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Jay E. Ingle (argued and briefed), JACKSON & KELLY, Lexington, Kentucky, for Appellants., Jeffrey J. Yost (briefed), Jackson & Kelly, Lexington, Kentucky, for Appellants.


• For Appellees:
  
• Wayne F. Collier (argued and briefed), Kinkead & Stilz, Lexington, Kentucky, for Appellee., Shelby C. Kinkead, Jr. (briefed), Kinkead & Stilz, Lexington, Kentucky, for Appellee.