PAVLIK V. CONSOLIDATION COAL CO.
456 F.2d 378 (1972)
NATURE OF THE CASE: This was a dispute over an easement.
FACTS: An easement was granted for a pipeline for transportation of coal slurry. The
consideration for the easement was $995 and $75 in attorney fees. The pipeline that carried
the coal was built at a cost of $14,500,000 and was in successful operation from its
construction date in 1957 until 1963. In 1963, Consolidated and Cleveland Electric
Illuminating Company entered into a supplemental agreement whereby the pipeline was to be
placed in an inactive state. Consolidated was to get $105,097 per month for the life of the
original 15-year contract under the obligation to maintain the pipeline in a standby
position. Consolidated and Pavlik signed additional agreements after termination of the
operation of the pipeline and Consolidated paid small sums for each agreement. Eventually
the pipeline was no longer used to carry coal and Pavlik gave notice of the Defeasance
clause in the deed and after the one year passed, Pavlik (P) sued to have the easement
terminated. Consolidation (D) removed the case to federal court. The District Court held
that the easement was not terminated. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment