TRUNKLINE GAS COMPANY v. FEDERAL POWER COMMISSION

No. 16228.

247 F.2d 159 (1957)

TRUNKLINE GAS COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

July 23, 1957.


Attorney(s) appearing for the Case

Raymond N. Shibley, Washington, D. C., Lawrence K. Benson, New Orleans, La., and W. W. Prior, Houston, Tex., Steptoe & Johnson, Washington, D. C., of counsel, for petitioner.

Howard E. Wahrenbrock, Asst. Gen. Counsel, FPC, and Willard W. Gatchell, Gen. Counsel, FPC, Washington, D. C., David S. Lichtenstein, on the brief, for respondent, Federal Power Commission.

Before RIVES, JONES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The question here is whether the Federal Power Commission, having ordered a full hearing into a phase of a Natural Gas Company's rate, can ignore the Examiner's findings favorable to the Company and adverse to the Staff's contention by retrospectively limiting the issues. We hold that any such action is an abuse of the administrative process and that the Commission may not do it.

Because...

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