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08-169 - STECKMAN RIDGE GP, LLC et al v. 3.5 ACRES OF LAND, MORE OR LESS, IN MONROE TOWNSHIP, BEDFORD COUNTY, COMMONWEALTH OF PENNSYLVANIA et al


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08-169 - STECKMAN RIDGE GP, LLC et al v. 3.5 ACRES OF LAND, MORE OR LESS, IN MONROE TOWNSHIP, BEDFORD COUNTY, COMMONWEALTH OF PENNSYLVANIA et al
September 19, 2008
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MEMORANDUM OPINION and ORDER OF COURT - in accordance with the foregoing Memorandum Opinion, it is hereby determined and ORDERED that the Plaintiffs have the substantive right to condemn the real estate of the Defendants in all of the above-captioned cases under Federal Rule of Civil Procedure 65 pursuant to the Natural Gas Act (NGA), 15 U.S.C. Section 717, et seq. and the certificate of public convenience and necessity issued by the Federal Energy Regulatory Commission (FERC), 123 FERC Paragraph 61, 248, Docket CP08-15-000, dated June 5, 2008. In accordance with the foregoing Memorandum Opinion a separate order in each case will be issued on this date with regard to Plaintiffs' Preliminary Injunction Motion requesting right of immediate possession and entry onto the Defendants' real estate. In accordance with the foregoing Memorandum Opinion, a separate Order will also be issued in Civil Action No. 08-177 and Civil Action No. 08-179 with regard to the Emergency Motion for Preliminary Injunction filed by the Defendants in those cases, and as more fully stated in said Memorandum Opinion and Order of Court. Signed by Judge Kim R. Gibson on 9/19/2008. (dlg)