UNITED GAS IMPROVEMENT CO. v. FEDERAL POWER COM'N

No. 18113.

290 F.2d 147 (1961)

UNITED GAS IMPROVEMENT COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 25, 1961.

Certiorari Denied June 19, 1961.


Attorney(s) appearing for the Case

J. David Mann, Jr., John E. Holtzinger, Washington, D. C., William E. Zeiter, Philadelphia, Pa., Morgan, Lewis & Bockius, Philadelphia, Pa., and Washington, D. C., of counsel, for United Gas Improvement Co., petitioner.

John C. Mason, Gen. Counsel, F. P. C., Washington, D. C., Howard E. Wahrenbrock, Sol., F. P. C., Washington, D. C., Robert L. Russell, Asst. Gen. Counsel, David J. Bardin, Washington, D. C., Attorney, for Federal Power Commission, respondent.

Kent H. Brown, Gen. Counsel, Pub. Service Comm. of N. Y., Albany, N. Y., Martin L. Barr, Barbara M. Suchow, New York City, of counsel, for Public Service Commission of New York, applicant for intervention.

F. P. Jones, Jr., H. W. Varner, Houston, Tex., for Superior Oil Co., intervenor.

James B. Henderson, William N. Bonner, Houston, Tex., Richard J. Connor, John T. Miller, Jr., Thomas F. Brosnan, Washington, D. C., William N. Bonner, Jr., Houston, Tex., Gallagher, Connor & Boland, Washington, D. C., of counsel, for Transcontinental Gas Pipe Line Corp., intervenor.

Before TUTTLE, Chief Judge, and BROWN and WISDOM, Circuit Judges.


Certiorari Denied June 19, 1961. See 81 S.Ct. 1926.

TUTTLE, Chief Judge.

The issue here presented is identical with that decided this same date in United Gas Improvement Co. v. F. P. C., No. 18,112, 290 F.2d 133, in this Court. We conclude that for the reasons set out in that case the Commission erred in issuing an unconditional permanent certificate to the Superior Oil Company and Transcontinental Gas Pipe Line Company in...

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