MEMPHIS LIGHT, GAS & WATER DIV. v. FEDERAL POWER COM'N

No. 13666.

250 F.2d 402 (1957)

MEMPHIS LIGHT, GAS AND WATER DIVISION; City of Memphis, Tennessee; and Mississippi Valley Gas Company, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, United Gas Pipe Line Company; Texas Gas Transmission Corporation; and Southern Natural Gas Company, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided November 21, 1957.


Attorney(s) appearing for the Case

Mr. Reuben Goldberg, Washington, D. C., for all petitioners. Mr. George E. Morrow, Memphis, Tenn., a member of the bar of the Supreme Court of Tennessee, pro hac vice, by special leave of Court, also argued for petitioners Memphis Light, Gas and Water Division and The City of Memphis, Tenn.

Mr. Robert M. Weston, Atty., Federal Power Commission, with whom Messrs. Willard W. Gatchell, Gen. Counsel, Federal Power Commission, and Howard E. Wahrenbrock, Solicitor, Federal Power Commission, were on the brief, for respondent.

Mr. Thomas Fletcher, Houston, Tex., with whom Mr. C. Huffman Lewis, Shreveport, La., was on the brief, for intervenor, United Gas Pipe Line Co.

Mr. Christopher T. Boland, Washington, D. C., with whom Messrs. Richard J. Connor and Thomas F. Brosnan, Washington, D. C., were on the brief, for intervenor, Texas Gas Transmission Corp.

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

Before BAZELON, WASHINGTON and BASTIAN, Circuit Judges.


WASHINGTON, Circuit Judge.

This case concerns the interpretation to be given the Supreme Court's decision in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 1956, 350 U.S. 332, 76 S.Ct. 373, 100 L.Ed. 373. The chief question is whether the rule of that case applies where — as here — the controlling supply contracts pledge payment under designated rate schedules "or any effective superseding rate schedules."

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