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NATIONAL FUEL GAS SUPPLY CORP. v. PUBLIC SERVICE COM'N

No. 231, Docket 89-7458.

894 F.2d 571 (1990)

NATIONAL FUEL GAS SUPPLY CORPORATION, Plaintiff-Appellant, v. PUBLIC SERVICE COMMISSION OF the STATE OF NEW YORK, Peter A. Bradford, Harold A. Jerry, Jr., Gail Garfield Schwartz, Eli M. Noam, James T. McFarland, Edward M. Kresky, and Henry G. Williams, in their official capacity as Commissioners of the Public Service Commission of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 24, 1990

Attorney(s) appearing for the Case

Grant S. Lewis (Bruce V. Miller, Ronald J. Gizzi, Jon R. Mostel, LeBoeuf, Lamb, Leiby & MacRae, New York City, Richard DiValerio, David W. Reitz, Nat. Fuel Gas Supply Corp., Buffalo, N.Y., of counsel), for plaintiff-appellant.

Jonathan D. Feinberg (William J. Cowan, Public Service Com'n of the State of N.Y., Albany, N.Y., of counsel), for defendants-appellees.

Before TIMBERS and WINTER, Circuit Judges, and LEISURE, District Judge.

WINTER, Circuit Judge:

This appeal involves the interrelationship between state and federal regulatory authorities governing the planning and construction of pipeline facilities for the interstate transportation of natural gas. Appellant National Fuel Gas Supply Corporation ("National Fuel") brought this action in the Northern District of New York seeking a declaratory judgment and an injunction to prevent the Public Service Commission of the State of New York ("PSC...

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