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Contracts Keyed to Whaley
Angus Chemical Co. v. Glendora Plantation, Inc.
Citation:United States Court of Appeals, Fifth Circuit, 2015. 782 F.3d 175.
Angus Chemical Co. (Plaintiff) owned a chemical plant with a right of way easement and wastewater pipeline to a wastewater treatment plant a few miles away. The right of way easement agreement established “a right of way and easement with the right to construct, maintain, inspect, operate, protect, alter, repair, replace and change the size of a pipeline.” The pipeline began to leak, and plaintiff asked neighboring landowners, including Glendora Plantation, Inc. (Defendant), to abandon the current pipeline and install a new one. Defendant refused to authorize the construction of a new pipeline.
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