Paragon Resources, Inc. v. National Fuel Gas Distribution Corporation

WILL, Senior District Judge:

Defendant-appellant, National Fuel Gas Distribution Corp. (“National”) appeals from a declaratory judgment in favor of plaintiff-appellee, Paragon Resources, Inc. (“Paragon”). This is the third time this court has reviewed the controversy between the parties and the second time it has reviewed the District Court’s declaratory judgment rulings.

In 1981, this case, along with a companion case both originally filed in 1978, was tried by the District Court. The court’s ruling in the companion case was affirmed in 1983 (“Paragon I”). Paragon Resources, Inc. v. National…