KENTUCKY WEST VIRGINIA GAS COMPANY, Equitable Gas Company, a division of Equitable Resources, Inc., American Gas Association (Amicus Curiae Intervenor),
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, Taliaferro, Linda C., Commissioner, Pa. Public Utility Commission, Fischl, Frank, Commissioner, Pa. Public Utility Commission, Shane, Bill, Commissioner.
Appeal of KENTUCKY WEST VIRGINIA GAS COMPANY and Equitable Gas Company, a division of Equitable Resources, Inc.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued August 7, 1987.
Decided January 19, 1988.
Rehearing and Rehearing Denied February 16, 1988.
Attorney(s) appearing for the Case
William A. Mogel (argued), Randall C. Smith, William R. Mapes, Jr., Ross, Marsh & Foster, Washington, D.C., Carroll E. Purdy, Charles E. Thomas, Jr., Thomas & Thomas, Harrisburg, Pa., for appellants.
Philip McClellan (argued), H. Kay Dailey, Robert P. Haynes, III, Asst. Consumer Advocates, and David M. Barasch, Consumer Advocate, Harrisburg, Pa., for appellee Pennsylvania Office of Consumer Advocate.
Leroy S. Zimmerman, Atty. Gen., Michael A. Finio, Deputy Atty. Gen., Antitrust Section, Eugene F. Waye, Deputy Atty. Gen., Chief, Antitrust Section, Kathleen Misturak-Gingrich (argued), Office of Atty. Gen., Antitrust Section, Harrisburg, Pa., for appellee Com. of Pa., Office of Atty. Gen.
David J. Muchow, Gen. Counsel, Eric N. Wise, American Gas Ass'n, Arlington, Va., for amicus curiae American Gas Ass'n.
Alphonso Arnold, Jr. (argued), Asst. Counsel, John F. Povilaitis, Deputy Chief Counsel, Daniel P. Delaney, Chief Counsel, Pennsylvania Public Utility Com'n, Harrisburg, Pa., for appellee Pennsylvania Public Utility Com'n.
Jerome M. Feit (argued), Solicitor, Catherine C. Cook, General Counsel, John N. Estes, III and Joanne Leveque, F.E.R.C., Washington, D.C., for appellee F.E.R.C.
Before SEITZ, MANSMANN and GREENBERG, Circuit Judges.
United States Court of Appeals, Third Circuit.
Rehearing and Rehearing In Banc Denied February 16, 1988.
OPINION OF THE COURT
MANSMANN, Circuit Judge.
This is an appeal from an order of the district court which denied the plaintiff utility company's ("Equitable") request for injunctive and declaratory relief from an Order issued by the defendant Pennsylvania Public Utility Commission ("PUC"), applying Pennsylvania Act of May 31, 1984, No. 1984-74, 66 Pa.C.S.A. §§ 1307(f), 1317-18 (West...
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