MISSISSIPPI RIVER FUEL CORP. v. FEDERAL POWER COM'N

No. 9181.

163 F.2d 433 (1947)

MISSISSIPPI RIVER FUEL CORPORATION v. FEDERAL POWER COMMISSION et al.

United States Court of Appeals District of Columbia.

Decided May 28, 1947.

Rehearing Denied July 28, 1947.


Attorney(s) appearing for the Case

Mr. William A. Dougherty, of New York City, with whom Messrs. Max O'Rell Truitt, of Washington, D. C., and James Lawrence White, of Pittsburgh, Pa., were on the brief, for petitioner.

Mr. Charles E. McGee, Assistant General Counsel, Federal Power Commission, of New York City, pro hac vice, by special leave of Court, with whom Mr. William Bradford Ross, General Counsel, Federal Power Commission, of Washington, D. C., and Mr. Alvin A. Kurtz, Attorney, Federal Power Commission, of Alexandria, Va., were on the brief, for respondent Federal Power Commission. Mr. Milford Springer, Principal Attorney, Federal Power Commission, of Washington, D. C., also entered an appearance for respondent Federal Power Commission.

Before GRONER, Chief Justice, and CLARK and PRETTYMAN, Associate Justices.


PRETTYMAN, Associate Justice.

This is a rate case and is before us on a petition to review and set aside an order of the Federal Power Commission.1 Petitioner is a natural gas pipeline company.

Petitioner's first point relates to the 6% rate of return found by the Commission to be reasonable. It claims that this finding does not accord with the precepts of fair play, because, it says, the whole hearing procedure was upon an assumed...

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