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Squire Patton Boggs | USA | 6 Oct 2010

Pending FERC appeal and condemnation action are proper forums for associated tort claims

In American Energy Corporation v Rockies Express Pipeline LLC (Case No 09-3864) (pdf), the Court held that the plaintiff coal companies cannot use tort and equitable claims to get a second opinion on issues the Sixth Circuit considered to be pending before the D.C. Circuit in a FERC appeal and an eminent domain proceeding in Southern District of Ohio.

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