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STATE v. SOURCEGAS, LLC

C.A. No. N11C-07-193 MMJ CCLD.

STATE OF DELAWARE EX REL. ANTHONY HIGGINS, Plaintiff, v. SOURCEGAS, LLC, SOURCEGAS DISTRIBUTIONS, LLC and SOURCEGAS HOLDINGS, LLC, Defendants.

Superior Court of Delaware, New Castle County.

Decided: May 15, 2012.

Attorney(s) appearing for the Case

Robert J. Katzenstein, Esquire , Michael P. Migliore, Esquire , Smith Katzenstein & Jenkins LLP, Wilmington, Delaware; OF COUNSEL, Mitchell R. Kreindler, Esquire , Kreindler & Associates, Houston, Texas; Sharon M. Gurak, Esquire , Kreindler & Associates, Valley Forge, Pennsylvania; Edward K. Black, Esquire (argued), Frank N. Broujos, Esquire , STATE OF DELAWARE DEPARTMENT OF JUSTICE, Wilmington, Delaware, Attorneys for Plaintiff.

Gregory B. Williams, Esquire , Carl D. Neff, Esquire , FOX ROTHSCHILD LLP, Wilmington, Delaware; Peter C. Harvey, Esquire (argued), Adam E. Pinto, Esquire , PATTERSON BELKNAP WEBB & TYLER LLP, New York, New York, Attorneys for Defendants SourceGas, LLC, SourceGas Distribution, LLC and SourceGas Holdings, LLC.

OPINION

JOHNSTON, J.

INTRODUCTION

Relator Anthony Higgins ("Higgins") filed suit against Defendants SourceGas Holdings, LLC ("SGH"), SourceGas, LLC ("SG") and SourceGas Distribution, LLC ("SGD") (collectively referred to as "Defendants"). The State of Delaware1 subsequently intervened and proceeded with the suit. Higgins and the State (collectively referred to as "Plaintiffs...

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