MONDAKOTA GAS COMPANY v. FEDERAL POWER COMMISSION

No. 12759.

232 F.2d 358 (1956)

MONDAKOTA GAS COMPANY, a Corporation, et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Montana-Dakota Utilities Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided March 15, 1956.


Attorney(s) appearing for the Case

Mr. Leif Erickson, of the bar of the Supreme Court of Montana, Helena, Mont., pro hac vice, by special leave of Court, with whom Mr. James R. Browning, Washington, D. C., was on the brief, for petitioners. Mr. Ellis Lyons, Washington, D. C., also entered an appearance for petitioners.

Mr. William J. Grove, Asst. Gen. Counsel, Federal Power Commission, with whom Mr. Willard W. Gatchell, Gen. Counsel, Federal Power Commission, and Mr. Joseph B. Hobbs, Atty., Federal Power Commission, were on the brief, for respondent.

Mr. Armin M. Johnson, of the bar of the Supreme Court of Minnesota, Minneapolis, Minn., pro hac vice, by special leave of Court, with whom Messrs. Philip F. Herrick and James A. Murray, Washington, D. C., were on the brief, for intervenor.

Before EDGERTON, Chief Judge, and PRETTYMAN and DANAHER, Circuit Judges.


PRETTYMAN, Circuit Judge.

This is a petition to review an order of the Federal Power Commission. Petitioners claim to be shippers, purchasers or producers of natural gas. They attack that part of a Commission order which relieved the Montana-Dakota Utilities Company, a pipe-line firm, of any obligation to operate its gas transmission lines as a common carrier under terms of the Mineral Lands Leasing Act of 1920.1 Montana-Dakota, which...

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