HILL v. KANSAS GAS SERVICE CO.

No. 02-3096.

323 F.3d 858 (2003)

Justin HILL; Gary A. Martin; Mary Ann Martin; Jim A Mowder; Allan Flentie; Robert A. Crown; David Stutenroth; William D. Hamilton; Lawrence Paper Company, Inc., Plaintiffs-Appellants, and Mary Alice Standidge; W.S. Dickey Clay Manufacturing Company, on behalf of themselves and other retail natural gas customers similarly situated, Plaintiffs, v. KANSAS GAS SERVICE COMPANY; Greeley Gas Company; Utilicorp United, Inc., Defendants-Appellees. Kansas Corporation Commission, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

March 26, 2003.


Attorney(s) appearing for the Case

Stuart W. Conrad (and C. Edward Peterson, with him on the briefs), Finnegan, Conrad & Peterson, L.C., Kansas City, MO, for Plaintiffs-Appellants.

Karl Zobrist (and Brian D. Martin, with him on the brief), Blackwell, Sanders, Peper, Martin, L.L.P., Kansas City, MO, for Defendants-Appellees UtiliCorp. United Inc. and Greeley Gas Company.

John P. DeCoursey, Kansas Gas Service Company, Shawnee Mission, Kansas, for Defendant-Appellee Kansas Gas Service Company.

John J. McNish, Advisory Counsel, Kansas Corporation Commission, Topeka, KS, Amicus Curiae.

Before SEYMOUR, PORFILIO, and KELLY, Circuit Judges.


PAUL KELLY, JR., Circuit Judge.

Plaintiffs-Appellants, various individual and business retail natural gas customers in the state of Kansas ("Plaintiffs"), appeal the dismissal of their class action complaint for lack of subject-matter jurisdiction under Fed.R.Civ.P. 12(b)(1). The three named defendants: Kansas Gas Service Company ("KGS"), Greeley Gas Company ("Greeley"), and Utilicorp United, Inc., ("Utilicorp") (collectively, "Defendants"), are local natural gas...

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