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HUNT v. FEDERAL POWER COMMISSION

Nos. 19065, 19113, 19114, 19153-19156, 19212-19214.

306 F.2d 334 (1962)

H. L. HUNT; W. H. Hunt, Trustee for Hassie Hunt Trust; Caroline Hunt Sands; J. A. Goodson, Trustee for Caroline Hunt Trust Estate; A. G. Hill, Trustee for Lamar Hunt Trust Estate; Nelson Bunker Hunt, Petitioners, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

July 19, 1962.

Attorney(s) appearing for the Case

Robert E. May, Richard F. Generelly, Washington, D. C., Robert W. Henderson, Thomas G. Crouch, Robert M. Kennedy, Dallas, Tex., May, Shannon & Morley, Washington, D. C., for petitioners.

Howard E. Wahrenbrock, Sol., Milton J. Grossman, Arthur H. Fribourg, Attys., John C. Mason, Ralph S. Spritzer, Gen. Counsel, Robert L. Russell, Asst. Gen. Counsel, F. P. C., Washington, D. C., for Federal Power Commission.

Before BROWN, WISDOM and BELL, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

These cases raise the common question of whether the Federal Power Commission in granting a temporary certificate for the sale of natural gas at a specified initial sales price may lawfully prescribe as a condition that such price may not be increased without express approval of the Commission. The effect of such a condition is to deny to the producer the opportunity of filing a § 4(d) (e) subsequent rate increase. We hold

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