INTERSTATE POWER CO. v. FEDERAL POWER COMMISSION

Nos. 15412, 15424.

236 F.2d 372 (1956)

INTERSTATE POWER COMPANY, Northern States Power Company, Western States Utilities Company, Minnesota Valley Natural Gas Company, North Central Public Service Company, Kansas City Power and Light Company (Peoples Gas and Electric Division), Minneapolis Gas Company, State of Minnesota, City of St. Paul, Minnesota, and City of Minneapolis, Minnesota, Petitioners, v. FEDERAL POWER COMMISSION, Respondent. NORTHERN NATURAL GAS COMPANY, a Corporation, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 10, 1956.


Attorney(s) appearing for the Case

P. L. Farnand, Minneapolis, Minn. (G. T. Mullin and John F. Bonner, Minneapolis, Minn., were with him on the brief), for petitioner, Minneapolis Gas Co.

F. Vinson Roach, Omaha, Neb. (Lawrence I. Shaw, Omaha, Neb., Patrick J. McCarthy, Omaha, Neb., Richard J. Connor, and George J. Meiburger, Washington, D. C., were with him on the brief), for petitioner, Northern Natural Gas Co.

Carl W. Cummins, St. Paul, Minn., for petitioner, Northern States Power Co.

William R. Duff, Washington, D. C. (John W. Scott, Washington, D. C., Robert W. Perdue, Washington, D. C., and Norman H. Nitzkowski, Mankato, Minn., were with him on the brief), for petitioner, Minnesota Valley Natural Gas Co.

Clement F. Springer and Francis T. Crowe, Chicago, Ill., for petitioner, Interstate Power Co.

Ned Willis, Peoria, Ill., for petitioner, North Central Public Service Co.

Irving Fane, Arthur J. Doyle, Kansas City, Mo., and Kyle D. Williams, Jefferson City, Mo., for petitioner, Kansas City Power & Light Co. (Peoples' Gas & Electric Division); Henry M. Gallagher, Mankato, Minn., for petitioner, Western States Utilities Co.

Miles Lord, Atty. Gen. and Joseph J. Bright, Asst. Atty. Gen., for petitioner, State of Minnesota.

Marshall Hurley, St. Paul, Minn., for petitioner, City of St. Paul, Minnesota, and Charles A. Sawyer, Minneapolis, Minn., for petitioner, City of Minneapolis, Minnesota, were on the briefs.

W. Russell Gorman, Atty., Federal Power Commission, Washington, D. C. (Willard W. Gatchell, Gen. Counsel, and Lambert McAllister, Asst. Gen. Counsel, Federal Power Commission, Washington, D. C., were with him on the brief), for respondent, Federal Power Commission.

Lloyd J. Marti, Lincoln, Neb., for intervenor, Central Electric & Gas Company (Raymond A. Smith, Council Bluffs, Iowa, for intervenor, Council Bluffs Gas Co.)

Hubert C. Jones, Des Moines, Iowa, for intervenor, Iowa Power and Light Co.

George C. Pardee, Omaha, Neb., for intervenor, Metropolitan Utilities District of Omaha, were with him on the brief), for intervenors.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.


WOODROUGH, Circuit Judge.

Northern Natural Gas Company, seven of its customers located in the northern part of its service area, the State of Minnesota, and its Twin Cities, St. Paul and Minneapolis, are petitioners in these consolidated cases and they seek review under Section 19(b) of the Natural Gas Act, 52 Stat. 821, 831, 15 U.S. C.A. §§ 717 et seq., 717r(b), of the Federal Power Commission's Order accompanying and based upon its Opinion No. 281 in Docket...

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