Legal Opinion

Air Liquide America Corp. v. U.S. Army Corps of Engineers

Court of Appeals for the Fifth Circuit

Decided January 30, 2004No. 02-20442PublishedCited by 7 opinions

1Opinion of the Court

RHESA HAWKINS BARKSDALE, Circuit Judge:

At issue is cost-allocation for privately owned pipelines under the Houston Ship Channel (channel) being relocated as part of the project by the United States Army Corps of Engineers and the Port of Houston Authority to widen and deepen the channel. The Corps and the Port appeal the partial summary judgment awarded the pipeline owners: inter alia, the Port was held responsible for the relocation cost. Owners’ conditional cross-appeal is from the district court’s denial of their alternative summary judgment claim: that the project was for a deep-draft…

2Cases cited10 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. California v. Sierra ClubSupreme Court of the United States · 1981
  3. Pennsylvania v. Wheeling & Belmont Bridge Co.Supreme Court of the United States · 1856
  4. United States v. Virginia Electric & Power Co.Supreme Court of the United States · 1961
  5. Bowen v. Public Agencies Opposed to Social Security EntrapmentSupreme Court of the United States · 1986

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3Cited by7 opinions

  1. Southwestern Bell Telephone, L.P. v. EmmettTexas Supreme Court · 2015
  2. City of Shoreacres v. WaterworthDistrict Court, S.D. Texas · 2004
  3. Southwestern Bell Telephone, L.P. v. EmmettCourt of Appeals of Texas · 2013
  4. Air Liquide America L. P., Fka Air Liquide America Corp. v. United States Army Corps of EngineersSupreme Court of the United States · 2004
  5. BG Gulf Coast LNG v. Sabine-NechesCourt of Appeals for the Fifth Circuit · 2022

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