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AVOCA v. CONCERNED CITIZENS OF COHOCTON VALLEY, INC.

No. 96-CV-6213L.

939 F.Supp. 223 (1996)

AVOCA NATURAL GAS STORAGE, Plaintiff, v. CONCERNED CITIZENS OF COHOCTON VALLEY, INC., Defendant.

United States District Court, W.D. New York.

October 7, 1996.

Attorney(s) appearing for the Case

Edward F. Premo, II, Rochester, NY, Mark A. Chertok, Sive, Paget & Riesel, New York City, Lee A. Alexander, Frederick M. Lowther, Yoav K. Gery, Dickstein, Shapiro, Morin & Oshinsky, LLP, Washington, DC, for plaintiff.

Alan J. Knauf, Knauf, Craig & Doran, P.C., Rochester, NY, for defendant.

DECISION AND ORDER

LARIMER, Chief Judge.

Plaintiff, Avoca Natural Gas Storage ("Avoca"), commenced this action pursuant to 28 U.S.C. § 2201, seeking a declaratory judgment that federal law and regulations preempt certain New York State laws that defendant, Concerned Citizens of Cohocton Valley, Inc. ("CCCV"), is seeking to enforce against Avoca in state court. Avoca also seeks an order enjoining CCCV...

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