GARSHMAN v. UNIVERSAL RESOURCES HOLDING INC.

Nos. 86-5647, 86-5648.

824 F.2d 223 (1987)

Daniel GARSHMAN and Donald Frank, as General Partners for Tarbell I a Limited Partnership, et al., on their own behalf and as representatives of all private persons and business entities throughout the United States who are gas producer/investors who have funded gas well exploration in New York and Pennsylvania for resale to the pipeline services of Columbia Gas Transmission Corporation v. UNIVERSAL RESOURCES HOLDING INC., a Pennsylvania corporation, Berea Oil and Gas Corporation, a New York Corporation, U.S. Energy Development Corporation, a New York Corporation, Chautauqua Energy Inc., a New York Corporation, Columbia Gas Transmission Corporation, a Delaware Corporation, and the Columbia Gas System, Inc., a Delaware Corporation. Appeal of Daniel GARSHMAN and Donald Frank as general partners for Tarbell I. Appeal of UNIVERSAL RESOURCES HOLDING INC.

United States Court of Appeals, Third Circuit.

Decided July 9, 1987.


Attorney(s) appearing for the Case

Stephen C. Rubino (argued), Valore, McAllister, Westmoreland, Gould, Vesper & Schwartz, Northfield, N.J., for Daniel Garshman and Donald Frank, et al.

John E. Beerbower (argued), Robert N. Feltoon, John F. Kowal, Cravath, Swaine & Moore, New York City, for Columbia Gas Transmission Corp. and the Columbia Gas System, Inc.

Michael M. Baylson (argued), Duane, Morris & Heckscher, Philadelphia, Pa., William Tomar, Lisa Rodriguez, Tomar, Seliger, Simonoff, Adourian & O'Brien, Haddonfield, N.J., for Universal Resources Holding, Inc.

Before: GIBBONS, Chief Judge, MANSMANN, Circuit Judge, and KATZ, District Judge.


OPINION OF THE COURT

GIBBONS, Chief Judge:

Daniel Garshman and others, general partners in Tarbell I (Tarbell), a Pennsylvania limited partnership, which was formed to engage in oil and gas exploration, appeal from a Fed.R.Civ.P. 12(b)(6) order dismissing their complaint against Columbia Gas System, Inc. (System), a registered public utility holding company; its subsidiary, Columbia Gas Transmission Corporation (Transmission), owner of a gas pipeline; and...

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