Tennessee Gas Transmission Co. v. Cleveland Trust Co.

*266OPINION

By TOBIN, J.

The Defendant, by its Demurrer, has raised two questions:—

I

PLAINTIFF CORPORATION DOES NOT HAVE THE PROCEDURAL RIGHT TO MAKE THE APPROPRIATION IN THE JURISDICTION OF THE FORUM, BECAUSE ONLY THOSE CORPORATIONS SPECIFICALLY AUTHORIZED BY OHIO STATUTE TO MAKE THE APPROPRIATION HAVE SUCH RIGHT WITHIN THE MEANING OF §11046 GC, AND NO OHIO STATUTE AUTHORIZES PLAINTIFF CORPORATION TO MAKE THE APPROPRIATION.

II

PLAINTIFF DOES NOT HAVE A VALID FEDERAL SUBSTANTIVE RIGHT TO APPROPRIATE, IN THAT SECTION 7 (h) OF THE FEDERAL NATURAL GAS ACT, IF APPLICABLE HERE BY REASON OF ANY SUPPOSED…