Legal Opinion

Kentucky West Virginia Gas Co v. Pennsylvania Public Utility Commission

Court of Appeals for the Third Circuit

Decided January 19, 1988No. 87-5052PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

MANSMANN, Circuit Judge.

This is an appeal from an order of the district court which denied the plaintiff utility company’s (“Equitable”) request for in-junctive and declaratory relief from an Order issued by the defendant Pennsylvania Public Utility Commission (“PUC”), applying Pennsylvania Act of May 31, 1984, No. 1984-74, 66 Pa.C.S.A. §§ 1307(f), 1317-18 (West Supp.1987), (“Act 74”), a statute enacted regarding utility rate regulation, 650 F.Supp. 659.

The principal questions we consider are whether the supremacy clause, the commerce clause, and the due process clause of…

2Cases cited39 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
  3. County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
  4. University of Tennessee v. ElliottSupreme Court of the United States · 1986
  5. City of Philadelphia v. New JerseySupreme Court of the United States · 1978

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3Cited by9 opinions

  1. Metropolitan Edison Co. v. Pennsylvania Public Utility CommissionCourt of Appeals for the Third Circuit · 2014
  2. Trojan Technologies, Inc. v. Commonwealth Of PennsylvaniaCourt of Appeals for the Third Circuit · 1990
  3. Trojan Technologies, Inc. v. PennsylvaniaCourt of Appeals for the Third Circuit · 1990
  4. STATE OF NEW YORK BY ABRAMS v. BrownDistrict Court, D. New Jersey · 1989
  5. Platek v. Duquesne ClubDistrict Court, W.D. Pennsylvania · 1995

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