NATIONAL COAL ASS'N v. FEDERAL POWER COMMISSION

No. 10376.

191 F.2d 462 (1951)

NATIONAL COAL ASS'N et al. v. FEDERAL POWER COMMISSION.

United States Court of Appeals District of Columbia Circuit.

Decided June 18, 1951.


Attorney(s) appearing for the Case

John Geyer Tausig, Washington, D. C., with whom Messrs. Thomas J. McGrath, James W. Haley and Welly K. Hopkins, Washington, D. C., were on the brief, for petitioners.

Bradford Ross, General Counsel, Federal Power Commission, Washington, D. C., with whom William S. Tarver, Asst. Gen. Counsel, Federal Power Commission, and Norman A. Flanigan, Atty., Federal Power Commission, Washington, D. C., were on the brief, for respondent.

Hamilton E. Little, Memphis, Tenn., with whom Phil B. Whitaker, Chattanooga, Tenn., was on the brief, for intervenor East Tennessee Natural Gas Co. Bailey Walsh, Memphis, Tenn., and F. Trowbridge vom Bauer, Washington, D. C., also entered appearances for intervenor East Tennessee Natural Gas Co.

H. Graham Morison, Asst. Atty. Gen., and Paul A. Sweeney and Samuel D. Slade, Attys., Department of Justice, Washington, D. C., were on the brief for intervenor United States of America.

Before CLARK, BAZELON and FAHY, Circuit Judges.


BAZELON, Circuit Judge.

This case arises upon a petition to review and set aside an order of the Federal Power Commission granting a certificate of public convenience and necessity under § 7(e) of the Natural Gas Act.1 That certificate authorized the East Tennessee Natural Gas Company to construct and operate a 22-inch natural gas pipeline, approximately 172 miles in length, in order to service the Atomic Energy Commission's plant...

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