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NATIONAL FUEL GAS DISTRIBUTION CORP. v. TGX CORP.

No. CIV-84-1372E.

749 F.Supp. 466 (1990)

NATIONAL FUEL GAS DISTRIBUTION CORPORATION, Plaintiff, Public Service Commission of the State of New York, Plaintiff-Intervenor, v. TGX CORPORATION and Paragon Resources, Inc., Defendants.

United States District Court, W.D. New York.

November 7, 1990.

Attorney(s) appearing for the Case

Heino H. Prahl, Buffalo, N.Y., for plaintiff.

Jonathan Feinberg, Albany, N.Y., for plaintiff-intervenor.

Alan Lipman, Buffalo, N.Y., for defendants.

MEMORANDUM AND ORDER

ELFVIN, District Judge.

This Court presently revisits the question whether a state regulatory agency which "disapproves" a contract between a public utility and a private person pursuant to its statutory authority but without affording notice of its accompanying proceedings to the person violates such person's Fourteenth Amendment due process rights.

Briefly and by way of background, the plaintiff, National Fuel Gas Distribution...

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