Marathon Pipe Line Co. v. LaROCHE INDUSTRIES INC.

ORDER AND REASONS

CLEMENT, District Judge.

Before the Court is defendant LaRoche Industries, Inc.’s (“LaRoche”) motion to dismiss. For the reasons set forth below, defendant’s motion is DENIED.

BACKGROUND

In May 1996, a pipeline owned by Marathon Pipe Line Company (“MPLC”) ruptured in rural St. James Parish resulting in the release of some 475,000 gallons of gasoline owned by Marathon Oil Company (“MOC”). Prior to the rupture, defendant and its contractors conducted excavating activities on LaRoche’s brine pipeline that ran adjacent and parallel to MPLC’s pipeline. Plaintiffs allege that these…