CHARLESTON & W. C. RY. v. FEDERAL POWER COM.

No. 12805.

234 F.2d 62 (1956)

CHARLESTON & WESTERN CAROLINA RAILWAY COMPANY et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Southern Natural Gas Company, Intervenor, South Carolina Generating Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided May 17, 1956.


Attorney(s) appearing for the Case

Mr. Urchie B. Ellis, Wilmington, Del., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of Court, with whom Messrs. Robert J. Corber, George B. Mickum, III, Tom J. McGrath and Jerome J. McGrath, Washington, D. C., were on the brief, for petitioners.

Mr. William L. Ellis, Attorney, Federal Power Commission, with whom Messrs. Willard W. Gatchell, General Counsel, Federal Power Commission, and William J. Grove, Assistant General Counsel, Federal Power Commission, were on the brief, for respondent.

Mr. William S. Tarver, Washington, D. C., for Intervenor Southern Natural Gas Co.

Messrs. Harry A. Poth, Jr., and Francis H. Caskin, Washington, D. C., were on the brief for Intervenor South Carolina Generating Co.

Before PRETTYMAN, FAHY and WASHINGTON, Circuit Judges.


FAHY, Circuit Judge.

The Federal Power Commission issued an order that affirmed a decision of its Presiding Examiner and authorized the Southern Natural Gas Company to construct and operate certain natural gas facilities. The facilities consist of 2.2 miles of pipeline and appurtenances for the delivery of natural gas to Plant Urquhart of the South Carolina Generating Company, located near Augusta, Georgia, the gas to be used there as boiler fuel in the generation...

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