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ALSTON COAL CO. v. FEDERAL POWER COMMISSION

No. 2741.

137 F.2d 740 (1943)

ALSTON COAL CO. et al. v. FEDERAL POWER COMMISSION et al.

Circuit Court of Appeals, Tenth Circuit.

August 27, 1943.

Attorney(s) appearing for the Case

Frank H. Terrell, of Kansas City, Mo., for petitioners.

Harry S. Littman, of Washington, D. C. (Charles V. Shannon and Robert L. Russell, both of Washington, D. C., on the brief), for respondent Federal Power Commission.

Before HUXMAN and MURRAH, Circuit Judges, and SAVAGE, District Judge.

HUXMAN, Circuit Judge.

This proceeding was instituted under the Natural Gas Act of 1938, 15 U.S.C.A. § 717 et seq. On October 20, 1939, following a complaint by the Public Service Commission of Missouri, the Federal Power Commission entered an order for an investigation of the gas rates of the Cities Service Gas Company. Notice was given fixing the time of a public hearing of the matter involved in the proceeding. On December 12, 1942, after the hearing had been...

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