United States Sixth Circuit

In a diversity case against defendant-corporation Columbia Gas, judgment in favor of defendant is affirmed over claims of error that: 1) the magistrate judge incorrectly construed the right of way agreement as granting defendant a fifty-foot easement to operate and maintain each of its pipelines on plaintiffs' property; 2) the doctrines of laches, estoppel, and waiver, as well as the statute of limitations, precluded defendant from clearing the right of way forty years after the trees were planted; 3) plaintiffs were entitled to damages for the removed trees; and 4) the district court erred in denying plaintiffs' motion for additional time to serve a jury demand.

Appellate Information

• Decided 10/10/2008
• Published 10/10/2008

Judges

Court

• United States Sixth Circuit

Counsel