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HOME GAS CO. v. BANACH

26 A.D.2d 758 (1966)

Home Gas Company, Respondent, v. Taddeus P. Banach, Appellant Home Gas Company, Respondent, v. Fred E. Hubert, Jr., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 20, 1966

AULISI, J.

Plaintiff has brought these actions under article 3-A of the Conservation Law for condemnation of storage rights beneath defendants' lands in the Town of Tyrone, Schuyler County. Defendants' answers raise issues of plaintiff's lawful operation, public necessity and good faith. The answers also allege that article 3-A of the Conservation Law, in particular section 85, is unconstitutional and counterclaimed for conversion of underground gas and...

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