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AMERICAN ENERGY CORP. v. ROCKIES EXP. PIPELINE LLC

No. 09-3864.

622 F.3d 602 (2010)

AMERICAN ENERGY CORPORATION; Consolidated Land Company, Plaintiffs-Appellants, v. ROCKIES EXPRESS PIPELINE LLC, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 29, 2010.

Attorney(s) appearing for the Case

ARGUED: Mark S. Stemm , Porter, Wright, Morris & Arthur LLP, Columbus, Ohio, for Appellants. Gregory D. Brunton , Reminger Co., L.P.A., Columbus, Ohio, for Appellee. ON BRIEF: Mark S. Stemm , Alvin J. McKenna , Robert J. Stalter , Porter, Wright, Morris & Arthur LLP, Columbus, Ohio, for Appellants. Gregory D. Brunton , Paul N. Garinger , Reminger Co., L.P.A., Columbus, Ohio, for Appellee. Vladimir P. Belo , Bricker & Eckler LLP, Columbus, Ohio, for Amicus Curiae.

Before: SUTTON and McKEAGUE, Circuit Judges; JONKER, District Judge.

OPINION

SUTTON, Circuit Judge.

This is round three in a land-use dispute between two coal companies and a pipeline company. Round one: over the coal companies' objection, the pipeline company obtained an order from the Federal Energy Regulatory Commission (FERC) permitting it to build a natural gas pipeline over the coal companies' mine, after which the coal companies appealed the order to the D.C. Circuit, where it is now pending. Round two: the pipeline...

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