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NATIONAL FUEL GAS DISTRIBUTION CORP. v. TGX CORP.

No. 1524, Docket 91-7127.

950 F.2d 829 (1991)

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

United States Court of Appeals, Second Circuit.

Decided December 3, 1991.

Attorney(s) appearing for the Case

Joe H. Foy, Houston, Tex. (Bracewell & Patterson, Houston, Tex., Allan R. Lipman, Kavinoky & Cook, Buffalo, N.Y., of counsel), for defendants-appellants.

Robert E. Glanville, Buffalo, N.Y. (Phillips, Lytle, Hitchcock, Blaine & Huber, Heino H. Prahl, of counsel), for plaintiff-appellee.

Jonathan D. Feinberg, Asst. Counsel, Public Service Com'n of the State of N.Y., Albany, N.Y. (William J. Cowan, Gen. Counsel to Public Service Com'n of the State of N.Y., of counsel), for plaintiff-intervenor-appellee.

Before KEARSE, MAHONEY and SNEED, Circuit Judges.

MAHONEY, Circuit Judge:

Defendants-appellants TGX Corp. ("TGX") and Paragon Resources, Inc. ("Paragon") appeal from a judgment of the United States District Court for the Western District of New York, John T. Elfvin, Judge, entered January 18, 1991, 749 F.Supp. 466. The judgment of the district court declared void a certain gas purchase agreement between TGX and plaintiff-appellee...

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