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EAST OHIO GAS CO. v. FEDERAL POWER COMMISSION

No. 8343.

115 F.2d 385 (1940)

EAST OHIO GAS CO. v. FEDERAL POWER COMMISSION.

Circuit Court of Appeals, Sixth Circuit.

November 8, 1940.

Attorney(s) appearing for the Case

William B. Cockley, of Cleveland, Ohio (Walter J. Milde, Theodore R. Colborn, and Jones, Day, Cockley & Reavis, all of Cleveland, Ohio, on the brief), for petitioner.

Richard J. Connor, of Washington, D. C. (David W. Robinson, Jr., Robert E. May, and Justin R. Wolf, all of Washington, D. C., on the brief), for respondent.

Thomas J. Herbert and Kenneth L. Sater, both of Columbus, Ohio, for the State of Ohio and Public Utilities Commission of Ohio, amici curiæ.

Henry S. Brainard and Spencer W. Reeder, both of Cleveland, Ohio, for City of Cleveland, Ohio, amicus curiæ.

Before HICKS, SIMONS, and ARANT, Circuit Judges.

SIMONS, Circuit Judge.

The questions for decision raised by the petition, response, and motion to dismiss, include the reviewability and, if reviewable, the validity of an order of the Federal Power Commission, promulgated by virtue of authority asserted under § 5(b) of the Natural Gas Act, 15 U.S.C.A. §§ 717 to 717w, the petition for review being filed in pursuance of § 19(b) of the Act.

The Natural Gas Act, effective June 21, 1938, declares...

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