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OHIO, PENN. AND W.VA. COAL CO. v. PANENERGY CORP.

No. 96-3559.

120 F.3d 607 (1997)

OHIO, PENNSYLVANIA AND WEST VIRGINIA COAL COMPANY; Wyoming Pocahontas Land Company; Quaker Coal Company; Quaker Holding Company; and Donn A. Chickering, Plaintiffs-Appellees, v. PANENERGY CORPORATION, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 29, 1997.

Attorney(s) appearing for the Case

Thomas B. Ridgley, Vorys, Sater, Seymour & Pease, Columbus, OH, Arthur Newbold (argued and briefed), Dechert, Price & Rhoads, Philadelphia, PA, for Plaintiffs-Appellees.

Robert A. Pitcairn, Jr. (argued and briefed), Katz, Teller, Brant & Hild, Cincinnati, OH, for Defendant-Appellant.

Before: JONES, SUHRHEINRICH, and SILER, Circuit Judges.

OPINION

SILER, Circuit Judge.

Defendant PanEnergy Corp. (formerly known as Panhandle Eastern Corp. and hereinafter referred to as "Panhandle") appeals from the district court's order granting summary judgment in favor of plaintiffs Ohio, Pennsylvania & West Virginia Coal Company (formerly known as C&N Corp. and hereinafter referred to as "OP&WV"); Wyoming Pocahontas Land Co. (formerly known as Youghiogheny & Ohio Coal Co. and hereinafter...

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