William J. Kleinheider v. Phillips Pipe Line Company, a Corporation

HEANEY, Circuit Judge.

The appellants, present owners of fifteen separate parcels of land in Franklin County, Missouri, appeal from an order of the United States District Court for the Eastern District of Missouri holding that the appellee, Phillips Pipe Line Company, could install a third pipeline through and under the appellants’ property. The District Court had jurisdiction over the cause by virtue of diversity of citizenship pursuant to 28 U.S.C. § 1332. Its opinion is reported at 391 F.Supp. 159 (1975). We affirm.

Phillips is a common carrier in the interstate transportation of petroleum…