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DAKOTA GASIFICATION CO. v. NATURAL GAS PIPELINE CO.

Nos. 91-1671, 91-1677.

964 F.2d 732 (1992)

DAKOTA GASIFICATION COMPANY, in its own capacity as successor-in-interest to the Department of Energy and Great Plains Gasification Associates, United States of America, on behalf of The Department of Energy, Appellant, v. NATURAL GAS PIPELINE COMPANY OF AMERICA; ANR Pipeline Company, Michigan-Wisconsin Pipe Line Company; Transcontinental Gas Pipe Line Corporation; Tenneco Gas Pipeline Group, formerly known as Tennessee Gas Pipeline Company, Appellees. DAKOTA GASIFICATION COMPANY, in its own capacity as successor-in-interest to the Department of Energy and Great Plains Gasification Associates; Appellant, United States of America, on behalf of The Department of Energy, v. NATURAL GAS PIPELINE COMPANY OF AMERICA; ANR Pipeline Company, Michigan-Wisconsin Pipe Line Company; Transcontinental Gas Pipe Line Corporation; Tenneco Gas Pipeline Group, formerly known as Tennessee Gas Pipeline Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 4, 1992.

Attorney(s) appearing for the Case

MaryJane Reynolds, Washington, D.C., argued (Stuart M. Gerson, Stephen D. Easton, J. Christopher Kohn, John W. Showalter, Allen L. Lear and Carlos T. Angulo, on the brief), for appellant.

Carter G. Phillips, Washington, D.C., argued, for appellees.

Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and MAGILL, Circuit Judge.

HEANEY, Senior Circuit Judge.

In the early 1980s, a partnership known as Great Plains Gasification Associates built a coal gasification plant in North Dakota to manufacture synthetic natural gas. The partnership consisted of four pipeline companies, ANR Pipeline Company, Natural Gas Pipeline Company of America, Tennessee Gas Pipeline Company, and Transcontinental Gas Pipe Line Corporation (collectively "the Pipelines"), and an additional investor. Each of the Pipelines...

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