COLUMBIA GAS TRANSMISSION CORP. v. TARBUCK

No. 94-3643.

62 F.3d 538 (1995)

COLUMBIA GAS TRANSMISSION CORPORATION v. Michael D. TARBUCK, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 9, 1995.


Attorney(s) appearing for the Case

Sanford S. Finder (argued), Finder, Allison & Graham, Washington, PA, for appellant.

Harry C. Bruner Jr., Columbia Gas Transmission Corp., Charleston, WV, Kevin C. Abbott, Deborah P. Powell (argued), Carolyn Holtschlag Allen, Thorp, Reed & Armstrong, Pittsburgh, PA, for appellee.

Before: HUTCHINSON, ROTH and GARTH, Circuit Judges.


OPINION OF THE COURT

GARTH, Circuit Judge:

Michael Tarbuck appeals the district court's order of October 14, 1994, which permanently enjoined Tarbuck from encroaching on rights of way owned by Columbia Gas Transmission Corporation. Tarbuck argues that the amount in controversy between Columbia and himself does not exceed $50,000 as required by 28 U.S.C. § 1332.

The district court found that Columbia owned two fifty foot rights of way over Tarbuck...

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