MOBILE GAS SERVICE CORP. Petitioner,
v.
FEDERAL POWER COMMISSION, Respondent,
United Gas Pipe Line Co., Intervener.
United States Court of Appeals Third Circuit.https://leagle.com/images/logo.png
Argued May 19, 1954.
Decided September 7, 1954.
Attorney(s) appearing for the Case
William C. Chanler, New York City (Winthrop, Stimson, Putnam & Roberts, New York City, Johnston, McCall & Johnston, Samuel M. Johnston, and Dan T. McCall, Jr., Mobile, Ala., Elliott E. Vose, Gerard Thomas, and William W. Karatz, Natchitoches, La., on the brief), for petitioner, Mobile Gas Service Corp.
William J. Grove, Washington, D. C. (Willard W. Gatchell, Gen. Counsel, Washington, D. C., Louis L. DaPra, Washington, D. C., Louis C. Kaplan, Rogers Heights, Md., Sherman S. Poland, Washington, D. C., on the brief), for respondent, Federal Power Commission.
Thomas Fletcher, Houston, Tex. (Wilbert O. Crain, Gen. Counsel, George D. Fiser, Shreveport, La., Vinson, Elkins, Weems & Searls, William T. Fleming, Jr., Houston, Tex., Wilkinson, Lewis & Wilkinson and C. Huffman Lewis, Shreveport, La., on the brief), for intervener, United Gas Pipe Line Co.
Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.
United States Court of Appeals Third Circuit.
McLAUGHLIN, Circuit Judge.
In this proceeding to review an order of the Federal Power Commission the basic question is whether the Commission is correct in holding that under the Natural Gas Act1 a natural gas company can in effect wipe out a filed rate contract simply by filing an increased rate schedule. Substantially that is what the Commission considers to have happened to petitioner's contract with intervener.
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