MISSISSIPPI RIVER FUEL CORP. v. FEDERAL POWER COM'N

No. 15167.

281 F.2d 919 (1960)

MISSISSIPPI RIVER FUEL CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Illinois Power Company, Laclede Gas Company, MidSouth Gas Company, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 30, 1960.

Petition for Rehearing Denied September 19, 1960.


Attorney(s) appearing for the Case

Mr. Richmond C. Coburn, St. Louis, Mo., of the bar of the Supreme Court of Missouri, pro hac vice, by special leave of court, for petitioner. Mr. Spencer W. Reeder, Washington, D. C., was on the brief.

Mr. W. Russell Gorman, Asst. Gen. Counsel, F. P. C., with whom Messrs. Willard W. Gatchell, Gen. Counsel, F. P. C., and Cyril S. Wofsy, Atty., F. P. C., were on the brief, for respondent. Mr. Howard E. Wahrenbrock, Sol., F. P. C., also entered an appearance for respondent.

Mr. Richard D. Shewmaker, St. Louis, Mo., of the bar of the Supreme Court of Missouri, pro hac vice, by special leave of court, with whom Mr. J. David Mann, Jr., Washington, D. C., was on the brief, for intervenor Laclede Gas Co., argued for all intervenors. Mr. William W. Ross, Washington, D. C., also entered an appearance for intervenor Laclede Gas Co.

Messrs. Robert S. Hunt, Chicago, Ill., and G. Duane Vieth, Washington, D. C., were on the brief for intevenor Illinois Power Co.

Messrs. Harry A. Poth, Jr., and Richard M. Merriman, Washington, D. C., were on the brief for intervenor Mid-South Gas Co.

Before PRETTYMAN, Chief Judge, and BAZELON and BURGER, Circuit Judges.


Petition for Rehearing En Banc Denied September 19, 1960.

BURGER, Circuit Judge.

This is an appeal by Mississippi River Fuel Corp. (Mississippi), a natural gas pipeline company, from an order of the Federal Power Commission (Commission) directing Mississippi to make certain rate reductions, and pay certain refunds, to the intervenors, Illinois Power Co., Laclede Gas Co., and MidSouth Gas Co.

The controversy arises out of Mississippi's position as middleman...

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