Buckeye Pipe Line Company v. Edward M. Keating and Mercantile National Bank of Hammond, as Trustee, and the Town of Highland, Lake County, Indiana

SWAIM, Circuit Judge.

This case involves a type of conflict that is often occurring throughout the United States. A pipe line, used for transporting crude oil, has been located and operated pursuant to an easement since 1888. In 1952 urban growth led to the subdivision of the land through which the pipe ran and the construction of houses, streets and all the requirements of a city residential area. Four of the streets of the subdivision cross the pipe line, and the foundation of the pavement of at least one of these would extend about two inches below the top of the pipe. The plaintiff claims…