SHELL OIL COMPANY v. FEDERAL POWER COMMISSION

No. 12568.

292 F.2d 149 (1961)

SHELL OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. Texas Gas Transmission Corporation and Louisville Gas & Electric Company, Intervenor-Respondents.

United States Court of Appeals Third Circuit.

Decided June 15, 1961.


Attorney(s) appearing for the Case

Oliver L. Stone, New York City (William F. Kenney, New York City, George C. Schoenberger, Jr., William W. Westerfield, Jr., New Orleans, La., on the brief), for petitioner.

Howard E. Wahrenbrock, Washington, D. C. (John C. Mason, Gen. Counsel, Luke R. Lamb, Asst. Gen. Counsel, Milton J. Grossman, Atty., Washington, D. C., on the brief), for respondent Federal Power Commission. Mathias F. Correa, New York City (Arthur L. Corbin, New Haven, Conn., Charles F. Detmar, Jr., Lawrence W. Keepnews, Cahill, Gordon, Reindel & Ohl, New York City, Gavin H. Cochran, Louisville, Ky., on the brief), for intervenors.

Before GOODRICH, McLAUGHLIN and STALEY, Circuit Judges.


McLAUGHLIN, Circuit Judge.

The Supreme Court upheld our jurisdiction to determine the question of the proper interpretation to be given the "favored nation" clause of the 1951 contract between petitioner and Texas Gas in dispute here. It disagreed with our construction of the agreement, holding that the clause does not effect an increase in price by reason of the February 17, 1954 Texas Gas agreement with Atlantic.1 The case was therefore...

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