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SHELL OIL COMPANY v. F. P. C.

No. 12568.

263 F.2d 223 (1959)

SHELL OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Texas Gas Transmission Corporation, Intervenor, and Louisville Gas & Electric Company, Intervenor.

United States Court of Appeals Third Circuit.

Decided January 27, 1959.

Rehearing Denied March 5, 1959.

Attorney(s) appearing for the Case

Oliver L. Stone, New York City (William F. Kenney, New York City, George C. Schoenberger, Jr., William W. Westerfield, Jr., New Orleans, La., on the brief), for petitioner.

William W. Ross, Washington, D. C. (Willard W. Gatchell, General Counsel, Howard E. Wahrenbrock, Sol., Washington, D. C., on the brief), for respondent Federal Power Commission.

Mathias F. Correa, New York City (Charles F. Detmar, Jr., Lawrence W. Keepnews, Joseph P. Conway, Cahill, Gordon, Reindel & Ohl, New York City, on the brief), for Texas Gas Transmission Corp.

Peter, Heyburn & Marshall and Gavin H. Cochran, Louisville, Ky., on the brief, for intervenor, Louisville Gas & Electric Co.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.

McLAUGHLIN, Circuit Judge.

This case is another in that line wherein the issue has been the effective rate on June 7, 1954, for natural gas sold by a so-called independent producer. That date was when the Supreme Court announced its decision in Phillips Petroleum Co. v. State of Wisconsin, 1954, 347 U.S. 672, 74 S.Ct. 794, 98 L.Ed. 1035. The effect of that decision was to subject independent...

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