COLUMBIA GAS TRANSMISSION CORP. v. DRAIN

No. 00-1553.

237 F.3d 366 (2001)

COLUMBIA GAS TRANSMISSION CORPORATION, Plaintiff-Appellant, v. Deana Wingfield DRAIN, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 8, 2001.


Attorney(s) appearing for the Case

ARGUED: Amy Marie Smith, Steptoe & Johnson, Clarksburg, WV, for Appellant. Joseph Algernon Wallace, Elkins, WV, for Appellee. ON BRIEF: William E. Mohler, III, Columbia Gas Transmission Corporation, Charleston, WV, for Appellant. Paul J. Harris, National Property Rights Center, Richmond, VA; Herbert G. Underwood, Clarksburg, WV, for Appellee.

Before WILKINS and LUTTIG, Circuit Judges, and HAMILTON, Senior Circuit Judge.


Vacated and remanded by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge WILKINS and Judge LUTTIG joined.

OPINION

HAMILTON, Senior Circuit Judge:

Columbia Gas Transmission Corporation (Columbia Gas) appeals the district court's dismissal of its declaratory judgment action against property owner Deana Drain (Drain) for lack of subject matter jurisdiction. In its declaratory judgment action, Columbia Gas sought, inter alia...

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