KENTUCKY WEST VIRGINIA GAS COMPANY and
Equitable Gas Company
v.
PENNSYLVANIA PUBLIC UTILITY COMMISSION, Linda C. Taliaferro, Commissioner, Public Utility Commission, Frank Fischl, Commissioner, Public Utility Commission, Bill Shane, Commissioner, Public Utility Commission, and
Federal Energy Regulatory Commission, Consumer Advocate for the Commonwealth of Pennsylvania, Office of the Pennsylvania Attorney General, Intervenor.
Appeal of PENNSYLVANIA PUBLIC UTILITY COMMISSION, Appellant in 87-5840.
Appeal of KENTUCKY WEST VIRGINIA GAS COMPANY and Equitable Gas Company, a Division of Equitable Resources, Inc., Appellant in 87-5861.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued July 26, 1988.
November 28, 1988.
Attorney(s) appearing for the Case
William A. Mogel (argued), William R. Mapes, Jr., Randall C. Smith, Ross, Marsh & Foster, Washington, D.C., Charles E. Thomas, Jr., Carroll F. Purdy, Thomas & Thomas, Harrisburg, Pa., for Kentucky West Virginia Gas Co. and Equitable Gas Co., a division of Equitable Resources, Inc.
Leroy A. Zimmerman, Atty. Gen., Carl S. Hisiro, Deputy Atty. Gen., Eugene F. Wayne, Deputy Atty. Gen., Chief, Antitrust Section, Office of the Atty. Gen., Harrisburg, Pa., for the Office of Atty. Gen., Com. of Pennsylvania.
Daniel P. Delaney, Chief Counsel, Lawrence F. Barth, Asst. Counsel, John F. Povilaitis (argued), Deputy Chief Counsel, Pennsylvania Public Utility Com'n, Harrisburg, Pa., for Pennsylvania Public Utility Com'n.
Catherine C. Cook, General Counsel, Jerome M. Feit, Sol., John N. Estes, III, F.E.R.C., Washington, D.C., for Federal Energy Regulatory Com'n.
David M. Barasch, Consumer Advocate, Philip F. McClelland (argued), Kent D. Murphy, Asst. Consumer Advocates, Pennsylvania Office of Consumer Advocate, Harrisburg, Pa., for Pennsylvania Office of Consumer Advocate.
Before GIBBONS, Chief Judge, SEITZ and HUTCHINSON, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
SEITZ, Circuit Judge.
Plaintiffs Equitable Gas Company (Equitable) and Kentucky West Virginia Gas Company (Kentucky West) appeal from that portion of an order of the district court denying them prejudgment interest. Defendant Pennsylvania Public Utility Commission (PUC) cross-appeals from that portion of the same order finding the Pennsylvania Act of May 31, 1984, No. 1984-74, 66 Pa.Con.Stat.Ann. §§ 1307(f), 1317-18 (West Supp...
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