Department of Highways, State of Louisiana v. United Gas Pipe Line Company

TUTTLE, Circuit Judge.

This ease was previously here and was decided in favor of appellant’s contention that the permit granting the appellee the right to traverse a state highway placed upon the Pipe Line Company the expense of altering its under-road construction to meet a change in location of a state highway outside the boundaries of the original highway right-of-way, 5 Cir., 258 F.2d 357. On motion for rehearing we set aside that decision and set the appeal down again for rehearing on further argument and briefs.

The case was disposed of in the trial court on a motion for summary judgment…