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TYLER GAS SERVICE CO. v. UNITED GAS PIPE LINE CO.

No. 15034.

217 F.2d 73 (1954)

TYLER GAS SERVICE COMPANY and the City of Tyler, Texas, Appellants, v. UNITED GAS PIPE LINE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

November 24, 1954.

Attorney(s) appearing for the Case

Troy Smith, Thos. B. Ramey, Tyler, Tex., Bryce Rea, Jr., Washington, D. C., Ted Chilcote, Tyler, Tex., Ramey, Calhoun, Brelsford & Hull, Tyler, Tex., of counsel, for appellants.

Thomas Fletcher and James W. McCartney, Houston, Tex., Vinson, Elkins, Weems & Searls, Houston, Tex., of counsel, for appellee United Gas Pipe Line Co.

Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges.

HUTCHESON, Chief Judge.

Alleging that United Gas Pipe Line Company, a "Natural Gas Company", was under binding term contracts as to rates with the City of Tyler and the Tyler Gas Service Company, the operators of a system for the local distribution and sale of gas and the holder of a gas franchise from the city, and that, in violation of their express covenants, it had filed with the Federal Power Commission and was proposing, at the end of the suspension period,...

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