Legal Opinion
Kentucky West Virginia Gas Co. v. Pennsylvania Public Utility Commission
District Court, M.D. Pennsylvania
Decided September 6, 1989No. Civ. A. 89-0124PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM
CALDWELL, District Judge.
Introduction and Background.
Before the court is the motion of defendant, Pennsylvania Public Utility Commission (PUC), to dismiss this action pursuant to Fed.R.Civ.P. 12(b)(6). Defendant contends that the action is barred by the doctrine of claim preclusion, formerly known as res judicata. 1 Plaintiffs are challenging on federal constitutional and statutory grounds a 1988 PUC rate making order in a so-called section 1307(f) proceeding under state utility law. The order refused Equitable the recovery of some $10.2 million in alleged variable commodity costs…
2Cases cited30 opinions
- United States v. Utah Construction & Mining Co.Supreme Court of the United States · 1966
- Harsco Corp. v. Lucjan ZlotnickiCourt of Appeals for the Third Circuit · 1986
- Gregory v. ChehiCourt of Appeals for the Third Circuit · 1988
- Bearoff v. Bearoff Bros., Inc.Supreme Court of Pennsylvania · 1974
- Charles PURTER, Appellant, v. Margaret HECKLER, Secretary Dept. of Health and Human ServicesCourt of Appeals for the Third Circuit · 1985
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3Cited by5 opinions
- City of Philadelphia v. Pennsylvania Public Utility CommissionCommonwealth Court of Pennsylvania · 1998
- Keystone Redevelopment Partners, LLC. v. DeckerDistrict Court, M.D. Pennsylvania · 2009
- Westbrook v. Philadelphia Housing Authority (In Re Westbrook)United States Bankruptcy Court, E.D. Pennsylvania · 1991
- Kentucky West Virginia Gas Company, Equitable Gas Company v. Pennsylvania Public Utility CommissionCourt of Appeals for the Third Circuit · 1990
- Respond Power, LLC v. PA PUCCommonwealth Court of Pennsylvania · 2021