Legal Opinion
Avoca Natural Gas Storage v. Concerned Citizens of Cohocton Valley, Inc.
District Court, W.D. New York
Decided October 7, 1996No. 96-CV-6213LPublishedCited by 2 opinions
1Opinion of the Court
*224 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 from attempting to enforce those state laws. CCCV has filed a motion to dismiss the complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, and Avoca has moved for summary…
2Cases cited9 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Manway Construction Company, Inc. v. Housing Authority of the City of Hartford, Hartford National Bank & Trust Co., Garnishee-AppellantCourt of Appeals for the Second Circuit · 1983
- Colonial Penn Group, Inc., and Bay Loan and Investment Bank v. Colonial Deposit CompanyCourt of Appeals for the First Circuit · 1987
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3Cited by2 opinions
- Concerned Citizens of Cohocton Valley, Inc. v. New York State Department of Environmental ConservationCourt of Appeals for the Second Circuit · 1997
- Concerned Citizens of Cohocton Valley, Inc. v. New York State Department of Environmental Conservation, Michael Zagata, as Commissioner of the New York State Department of Environmental Conservation Jeffrey J. Sama, Deputy Permit Administrator of the New York State Department of Environmental Conservation, J. Makowski Associates, Inc., Avoca Natural Gas Storage v. Concerned Citizens of Cohocton Valley, Inc.Court of Appeals for the Second Circuit · 1997