Odom et al v. Southeast Supply Header, LLC

Filing 90

JUDGMENT in favor of Southeast Supply Header as to Count Two as set out. All other claims and causes of action brought by the parties herein are dismissedwith prejudice. Signed by Chief Judge William H. Steele on 4/29/10. Copies to parties on 4/30/10. (mpp)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION LARRY A. ODOM, SR., et al., Plaintiffs / Counter-Defendants, v. SOUTHEAST SUPPLY HEADER, LLC, Defendant / Counter-Plaintiff. ) ) ) ) ) ) ) ) )

CIVIL ACTION 09-0147-WS-N

FINAL JUDGMENT In accordance with the Orders entered on this date and on December 9, 2009, ruling on the parties' multiple motions for summary judgment, it is ordered, adjudged and decreed as follows: 1. Judgment is entered in favor of the defendant as to Count Two of its Counterclaim. Pursuant to Alabama Code § 35-4-153, the Grant of Easement executed by the plaintiffs on or about December 28, 2007 is reformed and revised on the ground of mutual mistake of the parties to provide that the rightof-way granted to SESH is defined as the 50-foot strip of land immediately contiguous to the southern boundary line of the Gateway Easement, without regard to the position of the pipeline within that strip. 2. All other claims and causes of action brought by the parties herein are dismissed with prejudice. DONE and ORDERED this 29th day of April, 2010. s/ WILLIAM H. STEELE CHIEF UNITED STATES DISTRICT JUDGE