255 F.2d 555 (5th Cir. 1958), 16704, Associated Oil & Gas Co. v. Federal Power Commission

Docket Nº:16704.
Citation:255 F.2d 555
Party Name:ASSOCIATED OIL & GAS COMPANY et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent.
Case Date:April 23, 1958
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 555

255 F.2d 555 (5th Cir. 1958)

ASSOCIATED OIL & GAS COMPANY et al., Petitioners,

v.

FEDERAL POWER COMMISSION, Respondent.

No. 16704.

United States Court of Appeals, Fifth Circuit.

April 23, 1958

Hugh Q. Buck, Jefferson D. Giller, Houston, Tex. (Fulbright, Crooker, Freeman, Bates & Jaworski, Milton K. Eckert, Jackson C. Hinds, Houston, Tex., on the brief), for petitioners.

Bennett Boskey, Washington, D.C., and James D. Heldt, Dallas, Tex., for Nebo Oil Co., amicus curiae.

Willard W. Gatchell, Gen. Counsel, Howard E. Wahrenbrock, Solicitor, Samuel W. Jensch, Atty., W. Russell Gorman, Asst. Gen. Counsel, Washington, D.C., for Federal Power Commission.

Before TUTTLE, JONES and WISDOM, Circuit Judges.

TUTTLE, Circuit Judge.

This case is similar to and is controlled by Bel Oil Corporation v. Federal Power Commission (Union Oil Corporation of California, v. Federal Power Commission, and Morris Rauch v. Federal Power Commission), 255 F.2d 548.

The record discloses an effort by natural gas companies as defined in the Natural Gas Act, 15 U.S.C.A. § 717, to put into effect higher prices for their natural gas sold in interstate commerce within the provisions of the Act as construed in Phillips Petroleum Co. v. Wisconsin, 347 U.S. 672, 74 S.Ct. 794, 98 L.Ed. 1035.

Page 556

It is distinguished from these three other cases in that there is no contention that if the Federal Power Commission has jurisdiction over the prices it cannot proceed under Section 4(d) because the prices here put forward by petitioners were not...

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