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COLUMBIA GAS v. EXCLUSIVE NATURAL GAS

No. 91-3360.

962 F.2d 1192 (1992)

COLUMBIA GAS TRANSMISSION CORPORATION, Plaintiff-Appellant, v. An EXCLUSIVE NATURAL GAS STORAGE EASEMENT in the Clinton Subterranean Geological Formation Beneath a 264.12 Acre Parcel in Plain Township, Wayne County, Ohio; Matthew Kim McCullough; Luann McCullough; Federal Land Bank of Louisville; Ross McCullough, Jr.; Phyllis G. McCullough; Joanne Spiglemire, Treasurer; Unknown Interested Other Parties to Plaintiff; Universal Exploration, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 30, 1992.

Rehearing Denied July 23, 1992.

Attorney(s) appearing for the Case

Amos Perrine, Columbia Gas Transmission Corp., Charleston, W.Va., David D. Noble (argued and briefed), John E. Sullivan, III, Noble & Sullivan, Cleveland, Ohio, for Columbia Gas Transmission Corp.

M. Howard Petricoff (argued and briefed), Vorys, Sater, Seymour & Pease, Columbus, Ohio, for Matthew Kim McCullough and Luann McCullough.

Robert J. Reynolds, Reynolds & Richard, Wooster, Ohio, for Federal Land Bank of Louisville.

Joanne Spiglemire, Wooster, Ohio, for Joanne Spiglemire.

M. Howard Petricoff, Joseph M. Brooker, Vorys, Sater, Seymour & Pease, Columbus, Ohio, for Universal Exploration, Inc.

Before: JONES and MILBURN, Circuit Judges; and ENGEL, Senior Circuit Judge.

Rehearing En Banc Denied July 23, 1992.

NATHANIEL R. JONES, Circuit Judge.

On April 14, 1988, Columbia Gas Transmission Corporation filed suit in the United States District Court for the Northern District of Ohio in Akron seeking to appropriate an exclusive underground natural gas storage easement beneath 264 acres of land in Wayne County, Ohio. Columbia Gas commenced this action pursuant to its eminent domain authority conferred in § 7(h) of the Natural...

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