TYLER GAS SERVICE COMPANY v. FEDERAL POWER COM'N

No. 13623.

247 F.2d 590 (1957)

TYLER GAS SERVICE COMPANY, and City of Tyler, Texas, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, United Gas Pipe Line Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided August 1, 1957.


Attorney(s) appearing for the Case

Mr. Bryce Rea, Jr., Washington, D. C., and Mr. Thomas B. Ramey of the bar of the Supreme Court of Texas, pro hac vice, by special leave of court, Tyler, Tex., with whom Mr. Donald E. Cross, Washington, D. C., was on the brief, for petitioners.

Mr. Louis L. DaPra, Atty., Federal Power Commission, of the bar of the Supreme Court of Indiana, pro hac vice, by special leave of court, Washington, D. C., with whom Messrs. Willard W. Gatchell, Gen. Counsel, Federal Power Commission, Howard E. Wahrenbrock, Sol., Federal Power Commission, and W. Russell Gorman, Asst. Gen. Counsel, Federal Power Commission, Washington, D. C., 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.

Mr. William C. Chanler, New York City, with whom Mr. Lawrence A. Baker, New York City, was on the brief, for McMurrey Refining Co., as amicus curiae, urging reversal.

Before BAZELON, WASHINGTON and BASTIAN, Circuit Judges.


BASTIAN, Circuit Judge.

This proceeding is to review an order of the Federal Power Commission (hereinafter called the Commission) denying a motion of Tyler Gas Service Company (hereinafter called Tyler Gas) for refund of sums paid to intervenor, United Gas Pipe Line Company (hereinafter called United), and two joint petitions by Tyler Gas and the City of Tyler to reject rate schedules filed by United to increase rates specified in a contract between Tyler Gas and...

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