United States Tenth Circuit

Challenged Kansas Corporation Commission orders qualify as orders "affecting rates" under the Johnson Act, 28 U.S.C. section 1342, and a class action by retail natural gas customers was properly dismissed for lack of subject matter jurisdiction.

Appellate Information

• Decided 03/26/2003
• Published 03/26/2003

Judges

• PAUL KELLY, JR., Circuit Judge., Before SEYMOUR, PORFILIO, and KELLY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Stuart W. Conrad (and C. Edward Peterson, with him on the briefs), Finnegan, Conrad & Peterson, L.C., Kansas City, MO, for Plaintiffs-Appellants., John J. McNish, Advisory Counsel, Kansas Corporation Commission, Topeka, KS, Amicus Curiae.


• For Appellees:
  
• Karl Zobrist (and Brian D. Martin, with him on the brief), Blackwell, Sanders, Peper, Martin, L.L.P., Kansas City, MO, for Defendants-Appellees UtiliCorp.   United Inc. and Greeley Gas Company., John P. DeCoursey, Kansas Gas Service Company, Shawnee Mission, Kansas, for Defendant-Appellee Kansas Gas Service Company.