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SEARS v. FEDERAL POWER COMMISSION

No. 17009.

263 F.2d 626 (1959)

H. F. SEARS and A. E. Herrmann Corporation, Petitioners, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

February 20, 1959.

Attorney(s) appearing for the Case

D. H. Culton, Culton, Morgan, Britain & White, R. W. Richards, Amarillo, Tex., for petitioners.

W. Russell Gorman, Atty., Howard E. Wahrenbrock, Sol., Willard W. Gatchell, Gen. Counsel, Leo E. Forquer, Atty., F. P. C., Washington, D. C., for respondent.

Before TUTTLE, JONES and BROWN, Circuit Judges.

TUTTLE, Circuit Judge.

This appeal presents substantially the same questions as were before the Court for disposition in Forest Oil Corp. v. Federal Power Commission, 5 Cir., 263 F.2d 622.

The only substantial difference between the cases is that the petitioners here did not make a motion before the Commission before the final order, as was done in Forest Oil Corporation, for further opportunity to produce the financial type...

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