MICHIGAN CONSOL. GAS CO. v. PANHANDLE EASTERN PIPE L. CO.

Civ. No. 7576.

80 F.Supp. 27 (1948)

MICHIGAN CONSOL. GAS CO. v. PANHANDLE EASTERN PIPE LINE CO.

United States District Court E. D. Michigan, S. D.

September 17, 1948.


Attorney(s) appearing for the Case

Dyer, Angell, Meek & Batten, Clifton G. Dyer and Walter M. Meek, all of Detroit, Mich. (Henry A. Montgomery, of Detroit, Mich., of counsel), for plaintiff.

William E. Dowling, of Detroit, Mich. (Samuel Riggs, of Detroit, Mich., Robert P. Patterson and John S. L. Yost, both of New York City, and Scott & Littman, of Washington, D. C., of counsel), for defendant.

Raymond J. Kelly, Corp. Counsel for the City of Detroit, of Detroit, Mich., for City of Detroit, intervenor.

Archie C. Fraser, Asst. Atty. Gen., of Michigan, for Michigan Public Utilities Commission, intervenor.

Bradford Ross Gen. Counsel, Wm. S. Tarver, Asst. Gen. Counsel, and Kenneth W. Wagner, Senior Atty., all of Washington, D. C., for Federal Power Commission, intervenor.

Cleon H. Foust, Atty. Gen. for the State of Indiana and Frank E. Coughlin, First Asst. Atty. Gen., for the State of Indiana for Public Service Commission of Indiana, intervenor.

Glenn R. Slenker, Public Counselor for the State of Indiana and Robert E. Jones, Asst. Public Counselor, both of Indianapolis, Ind., for State of Indiana.

Van Atta, Batton & Harker and Robert R. Batton, all of Marion, Ind., for Central Indiana Gas Co., and Kokomo Gas & Fuel Co., intervenors.

Barnes, Hickam, Pantzer & Boyd and Alan W. Boyd, all of Indianapolis, Ind., for Anchor Hocking Glass Corporation, intervenor.

Edmond W. Hebel, of Indianapolis, Ind., for Indiana Gas & Water Co., Inc., intervenor.


LEVIN, District Judge.

The plaintiff, a Michigan corporation, is a distributor of gas in the metropolitan Detroit area, and the defendant, a Delaware corporation, is the operator of an interstate gas pipe line system. Jurisdiction of the court is based upon the statutory amount in controversy and the diversity of the citizenship of the parties.

The complaint sets out the grievances of the plaintiff which are based upon the defendant's breach of its contract...

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