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HOME GAS CO. v. MILES

46 A.D.2d 562 (1975)

Home Gas Company, Respondent, v. Walter Miles et al, as Executors of Harold L. Miles, Deceased, et al., Appellants

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

February 13, 1975.

Attorney(s) appearing for the Case

Victor D. Borst, Jr., for appellants.

Hinman, Howard & Katell (John M. Keeler of counsel), for respondent.

GREENBLOTT, J. P., SWEENEY, MAIN and LARKIN, JJ., concur.

KANE, J.

Condemnation proceedings were instituted pursuant to section 23-1303 of the Environmental Conservation Law to obtain underground gas storage rights in a natural layer of earth known as the "Oriskany Sandstone" formation some 1,900 feet beneath farm lands owned by defendants in Schuyler and Yates Counties. While defendants' property covers some 95 acres, the sandstone formation deep beneath the surface...

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