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LEVETO v. NATIONAL FUEL GAS DISTRIB.

243 Pa.Super. 510 (1976)

366 A.2d 270

David L. LEVETO and Anthony M. Mancuso v. NATIONAL FUEL GAS DISTRIBUTION CORPORATION, Appellant. Gregory A. KASEMER and Patrick G. Kasemer, a co-partnership d/b/a Fountain House Park v. NATIONAL FUEL GAS DISTRIBUTION CORPORATION, Appellant. NATIONAL FUEL GAS DISTRIBUTION COMPANY, Appellant, v. The PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellee.

Superior Court of Pennsylvania.

Decided November 22, 1976.

Attorney(s) appearing for the Case

Norman H. Stark, MacDonald, Illig, Jones & Britton, Erie, for appellant.

Robert S. Bailey, Thomas, Shafer, Walker, Dornhaffer & Swick, Meadville, for appellees.

Frank B. Wilmarth, Barnett Satinsky, Asst. Counsel, Edward J. Morris, Counsel, Penna. Public Utility Commission, Harrisburg, for intervenor in Nos. 56 and 57.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

CERCONE, Judge:

This appeal questions the jurisdiction of a court of common pleas to issue an injunction against a utility company regulated by the Pennsylvania Public Utility Commission (PUC).

A PUC investigation of natural gas supplies resulted in an order to all gas service companies in February of 1972 providing, in pertinent part, that any company projecting a peak demand greater than peak supply was "prohibited from entering into any contract for serving...

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