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TENNESSEE GAS PIPELINE CO. v. NEW ENGLAND POWER

No. 98-CV-10671-MEL.

6 F.Supp.2d 102 (1998)

TENNESSEE GAS PIPELINE COMPANY, Plaintiff, v. NEW ENGLAND POWER, C.T.L., INC., et al., Defendants.

United States District Court, D. Massachusetts.

June 30, 1998.

Attorney(s) appearing for the Case

Paul G. Lannon, Jr., Harold W. Potter, Jr., Dianne R. Phillips, Paul E. Troy, Sherburne, Powers & Needham, Boston, MA, for Tennessee Gas Pipeline Company.

Scott A. Frank, c/o Combined Properties, Inc., Malden, MA, for Irving Court Associates Limited Partnership, Irving Court Associates Limited Partnership and Approximately 0.008 Acres of Permanent Easement and 0.04 Acres of Temporary Work Space Over Land in the City of Malden, Main Street/60 Associates Limited Partnership, Main Street /60 Associates Limited Partnership and Approximately 0.02 Acres of Permanent Easement and 0.03 Acres of Temporary Work Space Over Land in the City of Malden.

Donald F. Borenstein, Law Office of Mark B. Johnson, Andover, MA, for Capitol Truck Leasing, Inc., Capitol Truct Leasing, Inc. and approximately 1.98 acres of temporary work space over land in the City of Everett.

Vincent F. O'Rourke, Jr., Bowditch & Dewey, Worcester, MA, for Electric Massachusetts Electric Company.

MEMORANDUM AND ORDER

LASKER, District Judge.

Tennessee Gas Pipeline moves for: (1) an order allowing it to enter and possess immediately the proposed temporary easement and rights-of-way described in Count XII of the complaint in this action, and (2) the grant of summary judgment as to its right under the Natural Gas Act, see 15 U.S.C. § 717f(h), to take the same property by eminent domain. The proposed easement and rights-of-way cross...

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