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MIDWESTERN GAS TRANSMISSION CO. v. McCARTY

No. 00-4340.

270 F.3d 536 (2001)

MIDWESTERN GAS TRANSMISSION COMPANY, Plaintiff-Appellant, v. William D. McCARTY, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 2, 2001.

Attorney(s) appearing for the Case

G. Daniel Kelley (argued), Indianapolis, IN, for Plaintiff-Appellant.

Gary D. Secrest, Office of Attorney General, Indianapolis, IN, Wayne C. Turner (argued), McTurnan & Turner, Indianapolis, IN, for Defendants-Appellees.

Todd A. Richardson, Lewis & Kappes, Indianapolis, IN, Scepter Inc., Amicus Curiae.

Angela M. Smith, Hall, Render, Killian, Heath & Lyman, Indianapolis, IN, Indiana Industrial Energy Consumers, Inc., Amicus Curiae.

Katherine P. Yarbrough, Sutherland, Asbill & Brennan, Washington, DC, Grain Processing Inc., Amicus Curiae.

Before: POSNER, RIPPLE, and KANNE, Circuit Judges.

POSNER, Circuit Judge.

This is a suit by an interstate natural-gas pipeline, Midwestern, to enjoin the Southern Indiana Gas and Electric Company (SIGECO) from prosecuting an action before the Indiana Utility Regulatory Commission (IURC) and the Commission from entertaining the action. SIGECO seeks in that action a ruling that Midwestern must, pursuant to Ind.Code §§ 8-1-2-87, 87.5, obtain IURC's permission to connect its pipeline to two industrial users...

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