Thursday, April 25, 2013

Eighth Circuit -- Laclede Gas Company v. St. Charles County

From the court's website:

122755P.pdf   04/25/2013  Laclede Gas Company  v.  St. Charles County
  U.S. Court of Appeals Case No:  12-2755
  U.S. District Court for the Eastern District of Missouri - St. Louis    
  [PUBLISHED] [Kopf, Distric Judge, Author, with Bye and Melloy,
  Circuit Judges]
  Civil Case - preliminary injunction. In dispute involving right of local
  government and rights of public utility in shared easements, the district
  court had jurisdiction to grant preliminary injunction and did not abuse its
  discretion in doing so. No categorical rule that before addressing
  preliminary injunction motion a court must rule on the opposing party's
  assertion that the court lacks jurisdiction. Imminent threat of physical
  damage to pipeline sufficient to provide district court with jurisdiction
  under the Natural Gas Pipeline Safety Act. District court did not abuse its
  discretion in failing to abstain. Judge Bye concurs.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.