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EAST OHIO GAS CO. v. FEDERAL POWER COMMISSION

No. 9741.

173 F.2d 429 (1949)

EAST OHIO GAS CO. v. FEDERAL POWER COMMISSION (STATE OF OHIO et al., Intervenors).

United States Court of Appeals District of Columbia Circuit.

Decided February 14, 1949.

Attorney(s) appearing for the Case

Mr. William B. Cockley, of Cleveland, Ohio, with whom Messrs. Walter J. Milde and Wm. A. Dougherty, both of Washington, D. C., C. W. Cooper, of New York City, and Sturgis Warner, of Washington, D. C., were on the brief, for petitioner. Mr. Warren S. Ege, of Washington, D. C., also entered appearance for petitioner.

Mr. William S. Tarver, Assistant General Counsel, of Washington, D. C., with whom Messrs. Bradford Ross, General Counsel, Louis W. McKernan, Bernard A. Foster, Jr., and Howell Purdue, Attorneys, Federal Power Commission, all of Washington, D. C., were on the brief, for respondent.

Messrs. Hugh S. Jenkins, Attorney General, and Harry G. Fitzgerald, Jr., Assistant Attorney General, were on the brief for Intervenors State of Ohio and The Public Utilities Commission of Ohio, urging reversal.

Before EDGERTON, CLARK, and PRETTYMAN, Circuit Judges.

CLARK, Circuit Judge.

The case is before this court on the petition of the East Ohio Gas Company (hereinafter alternatively referred to as East Ohio or as petitioner) for review of certain orders of the Federal Power Commission (referred to hereinafter as the Commission or the respondent). The orders sought to be reviewed found East Ohio to be a "natural-gas company" within the meaning of the Natural Gas Act of 1938, as amended...

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