STATE OF WISCONSIN v. FEDERAL POWER COMMISSION

Nos. 11247, 11241, 11242, 11245 and 11252.

205 F.2d 706 (1953)

STATE OF WISCONSIN et al. v. FEDERAL POWER COMMISSION (Phillips Petroleum Co. et al., Intervenor). CITY OF DETROIT, MICH. v. FEDERAL POWER COMMISSION (Phillips Petroleum Co. et al., Intervenors). CITY OF KANSAS CITY, MO. v. FEDERAL POWER COMMISSION (Phillips Petroleum Co. et al., Intervenors). CITY OF MILWAUKEE, WIS. v. FEDERAL POWER COMMISSION (Phillips Petroleum Co. et al., Intervenors). WAYNE COUNTY, MICH. v. FEDERAL POWER COMMISSION (Phillips Petroleum Co. et al., Intervenors).

United States Court of Appeals, District of Columbia Circuit.

Decided May 22, 1953.


Attorney(s) appearing for the Case

Messrs. Stewart G. Honeck and William E. Torkelson, Madison, Wis., and for petitioners in No. 11247. Mr. Charles S. Rhyne, Washington, D. C., also entered an appearance for petitioners in Nos. 11247, 11245, 11242, 11241 and 11252.

Mr. Harry G. Slater, Washington, D. C., submitted on the brief for petitioner in No. 11245.

Mr. Jerome M. Joffee, Kansas City, Mo., for petitioner in No. 11242. Mr. James H. Lee, Detroit, Mich., entered an appearance for petitioner in No. 11242.

Mr. James H. Lee, Detroit, Mich., for petitioner in No. 11241.

Mr. Bradford Ross, General Counsel, Federal Power Commission, Washington, D. C., with whom Messrs. Bernard A. Foster, Jr., Assistant General Counsel, Federal Power Commission, and Pascal B. Frazier, Attorney, Federal Power Commission, Washington, D. C., were on the brief, for respondent.

Mr. Hugh B. Cox, Washington, D. C., with whom Messrs. Ernest W. Jennes and Burke Marshall, Washington, D. C., Rayburn L. Foster, Harry D. Turner, Bartlesville, Okl., and Warren M. Sparks, Tulsa, Okl., were on the brief, for intervenor Phillips Petroleum Co.

Mr. J. Paull Marshall, Washington, D. C., submitted on the brief for intervenor State of Texas and the Railroad Commission of Texas. Mr. Peter N. Chumbris, Washington, D. C., submitted on the brief for intervenor State of New Mexico and the Oil Conservation Commission of the State of New Mexico.

Mr. J. Paull Marshall, Washington, D. C., submitted on the brief for intervenor Corporation Commission of Oklahoma.

Before EDGERTON, CLARK, and PRETTYMAN, Circuit Judges.


EDGERTON, Circuit Judge.

We have for review under § 19(b) of the Natural Gas Act, 52 Stat. 821, 15 U.S.C.A. § 717 et seq., the question whether Phillips Petroleum Company (Phillips) is a "natural-gas company" within the meaning of the Act, so that the Federal Power Commission has authority under the Act to fix the rates at which Phillips sells gas for interstate transportation and resale. The Commission's staff...

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