Legal Opinion · Concurring in part, dissenting in part
Official Committee of Unsecured Creditors of the Columbia Gas Transmission Corp. v. Columbia Gas Systems Inc.
Court of Appeals for the Third Circuit
Decided July 6, 1993No. Nos. 92-7395 to 92-7400, 92-7410 to 92-7415, 92-7435, 92-7436, 92-7499 and 92-7500Published
1Concurring in part, dissenting in partNygaard, Circuit Judge
I concur in the court’s opinion, except Part 11(B), where, the court concludes that the FERC-ordered refunds are held in trust, and Part V, where it applies the lowest intermediate balance test to limit the amount of those refunds Columbia may pass through to its customers. Because I believe that we should not apply traditional trust law in an area that is clearly unsuited for its application, I write separately.
Central to the court’s analysis is In re Penn Central Transportation Co., 486 F.2d 519 (3d Cir.1973) (in banc). There we confronted the issue of whether, under an industry-wide…
2Cases cited5 opinions
- Connecticut General Life Insurance Company v. Universal Insurance Company, Hector Manuel Rodriguez-Estrada, Connecticut General Life Insurance Company v. Universal Insurance Company, Connecticut General Life Insurance Company v. Universal Insurance CompanyCourt of Appeals for the First Circuit · 1988
- In Re Daniel Nejberger, D/B/A Piccolo's Famous Pizza and Il Pastaio Pennsylvania Liquor Control BoardCourt of Appeals for the Third Circuit · 1991
- In re Penn Central Transportation Co.Court of Appeals for the Third Circuit · 1973
- Texas Eastern Transmission Corporation v. Federal Power CommissionCourt of Appeals for the Fifth Circuit · 1969
- In re New York, Susquehanna & Western RailroadDistrict Court, D. New Jersey · 1981