SUNRAY MID-CONTINENT OIL CO. v. FEDERAL POWER COM'N

Nos. 6043, 6061.

270 F.2d 404 (1959)

SUNRAY MID-CONTINENT OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent (two cases).

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 28, 1959.


Attorney(s) appearing for the Case

James C. Denton, Jr., Tulsa, Okla. (M. Darwin Kirk, Tulsa, Okl., Homer E. McEwen, Jr., and Dale E. Doty, Washington, D. C., on the brief), for petitioner.

Howard E. Wahrenbrock, Washington, D. C. (Willard W. Gatchell, Robert L. Russell, David J. Bardin and William W. Ross, Washington, D. C., of counsel, on the brief), for respondent.

Before BRATTON, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.


LEWIS, Circuit Judge.

These two cases were consolidated on review upon the representation that the determination of a single question of law would be dispositive of both cases, that question being: Can the Federal Power Commission impose conditions upon the grant of a temporary certificate of public convenience and necessity? Our study indicates that although the stated question is present in each case separate consideration of the cases is necessary because of factual...

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