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United Gas Pipe Line Company v. Terrebonne Parish Police Jury

UNITED GAS PIPE LINE COMPANY, Plaintiff-Appellee, v. TERREBONNE PARISH POLICE JURY, Defendant-Appellant

United Gas Pipe Line Co. v. Terrebonne Parish Police Jury, 445 F.2d 301 (5th Cir. 1971)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
July 14, 1971
Docket
No. 31053
Judges
Brown, Gewin, Morgan
Citations
445 F.2d 301

Opinion — Per Curiam

PER CURIAM:

In this cause we agree with the judgment and conclusion of the District Court, 319 F.Supp. 1138 , that Terrebonne Parish Police Jury cannot require, as a condition to the issuance of a construction permit to construct, maintain and operate an interstate gas transmission pipeline under a public road within the Parish, that the gas pipe line company pay the cost of relocating, altering or removing pipelines of the Gas Pipe Line Company (appellee) outside of the highway or road right-of-way. We are likewise in agreement with the conclusion of the District Court that the Ordinance under consideration is invalid and is not severable. It is our opinion that the Ordinance is in conflict with the Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 1671 et seq. (see also Natural Gas Act, 15 U.S.C. § 717 et seq.). Under *302 the terms of said Act, it appears that the Gas Pipe Line Company (appellee) has offered to comply with all conditions which the Parish Police Jury could reasonably require of it. We do not hold that the Parish Police Jury cannot enact a valid ordinance requiring permits with reasonable conditions.

Judgment affirmed.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

Cited by 16 cases

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1972: 11973: 41974: 11981: 11982: 11987: 31988: 11990: 11997: 12010: 219722026peak 1973 · 4

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
United Gas Pipeline Co. v. Terrebonne Parish Police Jury, 319 F. Supp. 1138 (E.D. La. 1970) 18

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