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TRANSWESTERN PIPELINE CO. v. 17.19 ACRES OF PROPERTY LOCATED IN MARICOPA COUNTY

No. 08-15991.

550 F.3d 770 (2008)

TRANSWESTERN PIPELINE COMPANY, LLC, a Delaware limited liability company, Plaintiff-Appellant, v. 17.19 ACRES OF PROPERTY LOCATED IN MARICOPA COUNTY, more or less; Agua Fria Investments, LLC, a Delaware limited liability company; First National Bank of Olathe, a Kansas corporation; J. Lawrence McCormley, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 11, 2008.

Attorney(s) appearing for the Case

John C. Lemaster, Ryley Carlock & Applewhite, Phoenix, AZ, and Jeffrey L. Hinds, Bricklemyer Smolker & Bolves, P.A., Tampa, FL, for the appellant.

Steven A. Hirsch, Bryan Cave LLP, Phoenix, AZ, for the appellees.

Kenneth B. Bley, Cox, Castle & Nicholson LLP, Los Angeles, CA, for the amici curiae.

Before: HARRY PREGERSON, CYNTHIA HOLCOMB HALL and N. RANDY SMITH, Circuit Judges.

HALL, Senior Circuit Judge:

Transwestern Pipeline Co. (Transwestern) appeals the district court's denial of its preliminary injunction motion seeking immediate possession of appellee landowners' parcels of land. As a holder of a valid Federal Energy Regulatory Commission (FERC) certificate, Transwestern claims it is entitled to condemn appellees' land pursuant to § 717f(h) of the Natural Gas Act (NGA). The district court denied the injunction, holding that, until...

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