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ATLANTIC RFG. CO. v. PUB. SERV. COMM'N

No. 518.

360 U.S. 378 (1959)

ATLANTIC REFINING CO. ET AL. v. PUBLIC SERVICE COMMISSION OF NEW YORK ET AL.

Supreme Court of United States.

Decided June 22, 1959.

Attorney(s) appearing for the Case

David T. Searls argued the cause for petitioners in No. 518. With him on a brief for petitioners were Roy W. Johns, Charles B. Ellard and Bernard A. Foster, Jr. for Atlantic Refining Co., Gene M. Woodfin for Continental Oil Co., Gentry Lee and Bernard A. Foster, Jr. for Cities Service Production Co., Robert O. Koch and Gene M. Woodfin for Tidewater Oil Co.

Harry S. Littman argued the cause for petitioner in No. 536. With him on the brief were William C. Braden, Jr. and Jack Werner.

Kent H. Brown argued the causes for the Public Service Commission of the State of New York, respondent. With him on the brief was George H. Kenny.

Edward S. Kirby argued the cause for the Public Service Electric & Gas Co., respondent. With him on a joint brief for that Company and the Long Island Lighting Co., respondents, were David K. Kadane and Bertram D. Moll.

Willard W. Gatchell, Howard E. Wahrenbrock and William W. Ross filed a brief for the Federal Power Commission as amicus curiae.

MR. JUSTICE CLARK delivered the opinion of the Court.

This proceeding tests the jurisdiction, as well as the discretion, of the Federal Power Commission in the certificating of the sale of natural gas under § 7 (e) of the Natural Gas Act of 1938, 52 Stat. 821, 56 Stat. 84, as amended, 15 U. S. C. § 717 et seq.1 The Commission has issued a certificate of public convenience and necessity to petitioners, producers of natural...

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