PAN AMERICAN PETROLEUM CORP. v. FEDERAL POWER COM'N

Nos. 16787, 16929, 16978, 16794, 16963, 17006, 17055, 17118, 17268, 17298.

322 F.2d 999 (1963)

PAN AMERICAN PETROLEUM CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, United Fuel Gas Company, Intervenor. SUN OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Transcontinental Gas Pipe Line Corporation, Intervenor. SUN OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Transcontinental Gas Pipe Line Corporation, Texas Gas Transmission Corporation, United Fuel Gas Co., Intervenors. UNION OIL COMPANY OF CALIFORNIA, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Texas Gas Transmission Corporation, United Fuel Gas Company, Memphis Light, Gas & Water Division, City of Memphis, Tennessee Gas Transmission Co., Transcontinental Gas Pipe Line Corp., Intervenors. TEXACO, INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent, United Fuel Gas Company, Transcontinental Gas Pipe Line Corp., Intervenors. UNION TEXAS PETROLEUM, a Division of Allied Chemical Corporation, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Texas Gas Transmission Corporation, Memphis Light, Gas and Water Division, Intervenors. PHILLIPS PETROLEUM COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Texas Gas Transmission Corporation, United Fuel Gas Company, Memphis Light, Gas & Water Division, City of Memphis, Transcontinental Gas Pipe Line Corporation, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided July 18, 1963.


Attorney(s) appearing for the Case

Messrs. Justin R. Wolf, Washington, D. C., for petitioner in No. 17268, and Carroll L. Gilliam, Washington, D. C., for petitioner in Nos. 16787, 16929 and 16978 argued for all petitioners. Mr. William J. Grove, Washington, D. C., was also on the brief for petitioner in Nos. 16787, 16929 and 16978.

Miss Josephine H. Klein, Atty., Federal Power Commission, with whom Messrs. Richard A. Solomon, General Counsel, and Howard E. Wahrenbrock, Sol., Federal Power Commission, were on the brief for respondent.

Mr. Brooks E. Smith, New York City, with whom Mr. William C. Hart, New York City, was on the brief, for intervenor, United Fuel Gas Co., in Nos. 16787, 16929, 16978 and 17118.

Mr. Thomas F. Ryan, Jr., Washington, D. C., with whom Mr. Richard J. Connor, Washington, D. C., was on the brief, for intervenor, Transcontinental Gas Pipe Line Corporation, in Nos. 16794, 16963, 17006, 17055, and 17118.

Mr. George Spiegel, Washington, D. C., with whom Messrs. George E. Morrow, Memphis, Tenn., and Reuben Goldberg, Washington, D. C., were on the brief, for intervenor, Memphis Light, Gas & Water Division, City of Memphis, in Nos. 17055, 17268 and 17298.

Messrs. Robert E. May and Omar L. Crook, Washington, D. C., were on the brief for petitioner in Nos. 16794, 16963 and 17006.

Messrs. George D. Horning, Jr., Patrick G. Sullivan and Harry L. Albrecht, Washington, D. C., were on the brief for petitioner in No. 17055.

Messrs. Alfred C. DeCrane, Jr., and James J. Flood, Jr., Houston, Tex., were on the brief for petitioner in No. 17118.

Mr. Eugene E. Threadgill, Washington, D. C., was on the brief for petitioner in No. 17268.

Mr. Lambert McAllister, Washington, D. C., was on the brief for petitioner in No. 17298.

Messrs. Harry S. Littman, Jack Werner, Dale A. Wright and Melvin Richter, Washington, D. C., were on the brief for intervenor, Tennessee Gas Transmission Co., in No. 17055.

Messrs. Christopher T. Boland, George J. Meiburger, Washington, D. C., and Daniel K. O'Connell, Owensboro, Ky., were on the brief for intervenor, Texas Gas Transmission Corp., in Nos. 17006, 17055, 17268 and 17298. Mr. Thomas F. Ryan, Jr., Washington, D. C., also entered an appearance for intervenor Texas Gas Transmission Corporation.

Before BAZELON, Chief Judge, and FAHY and WASHINGTON, Circuit Judges.


BAZELON, Chief Judge.

Petitioners, six Louisiana gas producers, appeal from an order of the Federal Power Commission (Commission) requiring them to refund amounts collected from their pipeline-purchasers1 as costs of an additional Louisiana gas gathering tax of one cent per Mcf.2 This tax, in effect from August 1 to November 30, 1958, was later held invalid by the...

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