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CITY OF VILLA RICA v. COUCH

No. 18082.

281 F.2d 284 (1960)

CITY OF VILLA RICA and Southern Natural Gas Company, Appellants, v. Mrs. Marie COUCH and Mrs. Eva Broom, Appellees. SOUTHERN NATURAL GAS COMPANY, Appellant, v. Mrs. Winnie Leathers DYER, Appellee.

United States Court of Appeals Fifth Circuit.

July 22, 1960.

Attorney(s) appearing for the Case

R. Emerson Gardner, Atlanta, Ga., Walter D. Sanders, Newnan, Ga., Hugh E. Wright, Atlanta, Ga., Shirley C. Boykin, Wm. P. Johnson, Carrollton, Ga., Moise, Post & Gardner, Atlanta, Ga., for appellant.

Hamilton Lokey, Atlanta, Ga., A. Cecil Palmour, Summerville, Ga., Anthony A. Alaimo, Brunswick, Ga., J. T. Johnson, Oneonta, Ala., Joseph L. Llop, Atlanta, Ga., Oscar W. Roberts, Jr., Carrollton, Ga., Cook & Llop, Atlanta, Ga., Bobby Lee Cook, for appellees.

Independent Natural Gas Association of America, by Lawrence H. Gall, Washington, D. C., Acting Gen. Counsel. Amicus Curiae.

Before HUTCHESON, JONES and WISDOM, Circuit Judges.

HUTCHESON, Circuit Judge.

Ordered by the Federal Power Commission, on December 29, 1953, and July 16, 1954, to serve the "City of Villa Rica, Georgia, a municipal corporation * * legally authorized to engage in the local distribution of natural gas", Southern Natural Gas Co., "a natural gas company within the meaning of the Natural Gas Act [15 U.S.C.A. § 717 et seq.]", began selling gas to Villa Rica in 1954, and delivering it at a point about six and one-half...

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