BELUSKO v. PHILLIPS PETROLEUM CO.

No. 13673.

308 F.2d 832 (1962)

Mike Anthony BELUSKO, Jr. and Anna Catherine Belusko, Plaintiffs-Appellees, v. PHILLIPS PETROLEUM CO., a Corporation, and Phillips Pipe Line Co., a Corporation, Defendants-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 16, 1962.


Attorney(s) appearing for the Case

Jerome A. Frazel, Jr., Chicago, Ill., James Mullen, Bartlesville, Okl., Joseph H. Hinshaw, John M. Moelmann, Hinshaw, Culbertson, Moelmann & Hoban, Chicago, Ill., for Phillips Pipe Line Co.

George K. Blanchard, Springfield, Ill., for appellees.

Before HASTINGS, Chief Judge, and DUFFY and SCHNACKENBERG, Circuit Judges.


DUFFY, Circuit Judge.

Plaintiffs in this suit sought an injunction requiring defendants to remove a pipe line from their property and for an accounting for damages, because of a continuing trespass of the pipe line on their land.

The District Court enjoined defendant, Phillips Pipe Line Co., from maintaining a second pipe line across plaintiffs' premises, and ordered that said second pipe line which had been laid should be removed.

On January 23, 1939...

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