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MTR NAT'L FUEL v. STATE BD.

103 A.D.2d 187 (1984)

In the Matter of National Fuel Gas Distribution Corporation et al., Appellants, v. State Board of Equalization and Assessment, Respondent, and Niagara-Wheatfield Central School District, Intervenor. (And Seven Other Proceedings.)

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

August 23, 1984

Attorney(s) appearing for the Case

Nixon, Hargrave, Devans & Doyle (David M. Lascell, G. Robert Witmer, Jr., Robert M. Lascell and Allan E. Floro of counsel), for appellants.

Robert Abrams, Attorney-General (Maurice K. Peaslee and Peter H. Schiff of counsel), for respondent.

CASEY, WEISS and MIKOLL, JJ., concur.

MAHONEY, P. J.

Petitioners are two subsidiaries of the National Fuel Gas Company. National Fuel Gas Supply Corporation is a wholesaler which buys natural gas and sells it to distributors. National Fuel Gas Distribution Corporation is such a distributor and it supplies natural gas to retail customers in western New York as well as parts of Pennsylvania and Ohio. In April of 1980, the State Board of Equalization and

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