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CHAPMAN v. EL PASO NATURAL GAS CO.

No. 11078.

204 F.2d 46 (1953)

CHAPMAN, Secretary of the Interior v. EL PASO NATURAL GAS CO. et al.

United States Court of Appeals District of Columbia Circuit.

Decided March 26, 1953.

Attorney(s) appearing for the Case

Harold S. Harrison, Atty., Department of Justice, Washington, D. C., with whom Roger P. Marquis, Atty., Department of Justice, Washington, D. C., was on the brief, for appellant. Deputy Atty. Gen. A. Devitt Vanech also entered an appearance for appellant.

Howard Boyd, Washington, D. C., and Allen R. Grambling, El Paso, Tex., pro hac vice, by special leave of Court, with whom Paul R. Connolly and Joseph M. F. Ryan, Jr., Washington, D. C., were on the brief, for appellee El Paso Natural Gas Company. Joseph J. Smith, Jr., Washington, D. C., also entered an appearance for appellee El Paso Natural Gas Company.

Roger J. Whiteford and Hubert A. Schneider, Washington, D. C., entered appearances for appellees Southern Union Gas Company, City of Flagstaff, Arizona, Town of Williams, Arizona, and City of Winslow, Arizona.

Before CLARK, PRETTYMAN and PROCTOR, Circuit Judges.

CLARK, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Columbia.

Appellee is a corporation engaged in the transportation and sale of natural gas in interstate commerce. For convenience, we shall refer to it as "El Paso", and the Secretary of the Interior will be referred to as "the Secretary". El Paso undertook to construct a gas pipe line from New Mexico to California, and to that end obtained appropriate...

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