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KENTUCKY WEST VIRGINIA GAS v. PA. PUB. UTIL. COM'N

Civ. A. No. 89-0124.

721 F.Supp. 710 (1989)

KENTUCKY WEST VIRGINIA GAS COMPANY, and Equitable Gas Company, Plaintiffs, v. PENNSYLVANIA PUBLIC UTILITY COMMISSION, Defendant.

United States District Court, M.D. Pennsylvania.

On Motion For Reconsideration and Rehearing September 6, 1989.

Attorney(s) appearing for the Case

William A. Nogel, Randall C. Smith, Ross, Marsh, Foster Myers and Quiggle, Washington D.C., Charles E. Thomas Jr., Thomas I. Niesen, Thomas and Thomas, Harrisburg, Pa., for plaintiffs.

Lawrence F. Barth, Pa. PUC — Law Bureau, Harrisburg, Pa., for Pa. PUC.

Philip F. McClelland, Asst. Consumer Advocate, Irwin A. Popowsky, Sr. Asst. Consumer Advocate, David Barasch, Consumer Advocate, Office of the Atty. Gen., Harrisburg, Pa., for Consumer Advocate — intervenor.

MEMORANDUM

CALDWELL, District Judge.

Introduction and Background.

Before the court is the motion of defendant, Pennsylvania Public Utility Commission (PUC), to dismiss this action pursuant to Fed.R.Civ.P. 12(b)(6). Defendant contends that the action is barred by the doctrine of claim preclusion, formerly known as res judicata.1 Plaintiffs are challenging on federal...

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