FLORIDA ECONOMIC ADVIS. COUN. v. FEDERAL POWER COM'N

Nos. 13833, 13952.

251 F.2d 643 (1957)

FLORIDA ECONOMIC ADVISORY COUNCIL, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Coastal Transmission Corporation, Houston Texas Gas and Oil Corporation, Florida Railroad and Public Utilities Commission, Florida Development Commission, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided December 4, 1957.

Dissenting Opinion December 12, 1957.

Petition for Rehearing Denied January 9, 1958.


Attorney(s) appearing for the Case

Mr. Bryce Rea, Jr., Washington, D. C., with whom Mr. Donald E. Cross, Washington, D. C., was on the brief, for petitioner. Mr. Edgar Watkins, Washington, D. C., also entered an appearance for petitioner in No. 13,952.

Mr. Howard E. Wahrenbrock, Solicitor, Federal Power Commission, with whom Messrs. Robert Lee Russell, Assistant General Counsel, Federal Power Commission, and Oscar Earl Reed, Attorney, Federal Power Commission, were on the brief, for respondent. Mr. Willard W. Gatchell, General Counsel, Federal Power Commission, also entered an appearance for respondent in No. 13,833.

Mr. Leon M. Payne, Houston, Tex., of the bar of the Supreme Court of Texas, pro hac vice, by special leave of Court, with whom Mr. Dale E. Doty, Washington, D. C., was on the brief, for intervenor Coastal Transmission Corporation, argued for intervenors Coastal Transmission Corporation, and Houston Texas Gas and Oil Corporations.

Messrs. Theodore Rinehart, Tulsa, Okl., Dale E. Doty, Norman E. Duke, Washington, D. C., and Robert M. Scott, Washington, D. C., were on the brief for intervenor Houston Texas Gas and Oil Corporation.

Mr. R. Y. Patterson, Jr., Tallahassee, Fla., with whom Messrs. Cecil A. Beasley, Jr., and Eugene B. Thomas, Jr., Washington, D. C., were on the brief, for intervenor Florida Railroad and Public Utilities Commission.

Messrs. Cecil A. Beasley, Jr., and Eugene B. Thomas, Jr., Washington, D. C., were on the brief for intervenor Florida Development Commission.

Before BAZELON, FAHY and BURGER, Circuit Judges.


BURGER, Circuit Judge.

This is a petition to vacate Federal Power Commission orders approving a plan to pipe natural gas to Florida.1 Petitioner is an association of various organizations engaged in the petroleum product (chiefly fuel oil) business, whose economic activities will be adversely affected by competition of natural gas.2 Opposing petitioner in this court are respondent Federal Power Commission and...

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