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NATIONAL FUEL GAS SUPPLY CORP. v. 138 ACRES OF LAND

No. 99-CV-602C(M).

84 F.Supp.2d 405 (2000)

NATIONAL FUEL GAS SUPPLY CORPORATION, Plaintiff, v. 138 ACRES OF LAND IN THE VILLAGE OF SPRINGVILLE, COUNTY OF ERIE, State of NEW YORK; Mathew Mahl; Ardent Resources, Inc.; U.S. Energy Development Corporation; Robert Dzara; Maria Dzara; and Unkown Others, Defendants.

United States District Court, W.D. New York.

January 24, 2000.

Attorney(s) appearing for the Case

Phillips, Lytle, Hitchcock, Blaine & Huber LLP (Edward S. Bloomberg, of counsel), Buffalo, New York, for plaintiff.

Jaeckle Fleischmann & Mugel, LLP (John T. Kolaga, of counsel), Buffalo, New York, for defendants 138 Acres of Land; Mathew Mahl; Ardent Resources, Inc.

Phillips, Lytle, Hitchcock, Blaine & Huber LLP (Richard F. Griffin, of counsel), Buffalo, New York, for defendant U.S. Energy Development Corporation.

DECISION and ORDER

CURTIN, District Judge.

INTRODUCTION

On August 27, 1999, Plaintiff National Fuel Gas Supply Corporation ("National Fuel") commenced this action for condemnation pursuant to the Natural Gas Act, 15 U.S.C. § 717 et seq., and pursuant to an Order Amending Certificate of Public Convenience and Necessity, which was issued by the Federal Energy Regulatory Commission ("FERC"). See Item 1, Exh. A. By this action, National...

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