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COLUMBIA GAS TRANSMISSION v. CONSOL OF KY

No. 1998-SC-0135-DG.

15 S.W.3d 727 (2000)

COLUMBIA GAS TRANSMISSION CORPORATION, Appellant, v. CONSOL OF KENTUCKY, INC., Formerly Known as Consolidation Coal Company of Kentucky, Appellee.

Supreme Court of Kentucky.

As Amended March 22, 2000.

As Amended March 30, 2000.

As Modified on Denial of Rehearing May 18, 2000.

Attorney(s) appearing for the Case

Shelby C. Kinkead, Jr., Wayne F. Collier, Kinkead & Stilz, Lexington, Harry Bruner, Corporate Counsel, Columbia Gas Transmission Corp., Charleston, WV, for Appellant.

D.B. Kazee, Kazee, Kinner & Chafin, Prestonsburg, Jeff A. Woods, Karen J. Greenwell, Wyatt, Tarrant & Combs, Lexington, for Appellee.

COOPER, Justice.

Columbia Gas Transmission Corporation ("TCO") is the owner of a natural gas pipeline, P-66, which crosses two tracts of property now owned by Consol of Kentucky, Inc. (formerly Consolidation Coal Company of Kentucky, Inc.), in Floyd County, Kentucky. When Consol decided to mine the coal beneath those tracts, it became necessary to move P-66 to another location. With TCO's consent, Consol relocated P-66 to another segment of its property at its own...

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