CITY OF LANCASTER, OHIO v. FEDERAL POWER COM'N

No. 13552.

252 F.2d 631 (1957)

The CITY OF LANCASTER, OHIO, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Ohio Fuel Gas Company, Dayton Power and Light Company, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided December 12, 1957.

Petitions for Rehearing Denied March 13, 1958.


Attorney(s) appearing for the Case

Mr. Robert U. Hastings, Jr., Lancaster, Ohio, of the bar of the Supreme Court of Ohio, pro hac vice, by special leave of Court, with whom Messrs. Julian de Bruyn Kops and Roy D. Boucher, Dayton, Ohio, were on the brief, for petitioner. Mr. Frederick C. Wellington, Dayton, Ohio, entered an appearance for petitioner.

Mr. Howard E. Wahrenbrock, Solicitor, Fed. Power Commission, with whom Messrs. Willard W. Gatchell, Gen. Counsel, Fed. Power Commission, and C. Louis Knight, Atty., Fed. Power Commission, were on the brief, for respondent.

Mr. E. H. Laylin, Columbus, Ohio, of the bar of the Supreme Court of Ohio, pro hac vice, by special leave of Court, Donald B. Leach, Columbus, Ohio, with whom Mr. John Peyton Randolph, Washington, D. C., was on the brief, for intervenor Ohio Fuel Gas Co.

Messrs. Julian de Bruyn Kops and Roy D. Boucher, Dayton, Ohio, for intervenor Dayton Power & Light Co.

Before WILBUR K. MILLER, DANAHER and BASTIAN, Circuit Judges.


WILBUR K. MILLER, Circuit Judge.

The City of Lancaster, Ohio, which engages in the retail distribution of natural gas, has for many years purchased most of its gas supply from The Ohio Fuel Gas Company. September 18, 1953, the latter tendered to the Federal Power Commission for filing a new tariff which, as later amended, provided for increased wholesale rates and for a long-term contract demand rate form to be applied to...

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