TENNESSEE GAS TRANSMISSION CO. v. FEDERAL POWER COM'N

No. 17126.

322 F.2d 1006 (1963)

TENNESSEE GAS TRANSMISSION COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, et al., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided July 18, 1963.


Attorney(s) appearing for the Case

Mr. Melvin Richter, Washington, D. C., with whom Messrs. Harry S. Littman, Jack Werner, W. C. Braden, Jr., and Dale A. Wright, Washington, D. C., were on the brief, for petitioner.

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

Mr. James J. Flood, Jr., Houston, Tex., with whom Mr. Alfred C. DeCrane, Jr., Houston, Tex., was on the brief for intervenor, Texaco Inc.

Mr. William W. Ross, Washington, D. C., with whom Messrs. J. David Mann, Jr., and John E. Holtzinger, Jr., Washington, D. C., were on the brief, for intervenor, The United Gas Improvement Co., argued for intervenors, Philadelphia Electric Co., The United Gas Improvement Co., and Long Island Lighting Co.

Mr. James H. Littlehales, Washington, D. C., was on the brief for intervenor, Gulf Oil Corp.

Messrs. Bernard A. Foster, Jr., and Sherman S. Poland, Washington, D. C., were on the brief for intervenor, Atlantic Refining Company.

Messrs. Robert E. May and Omar L. Crook, Washington, D. C., were on the brief for intervenor, Sun Oil Co.

Messrs. George D. Horning, Jr., Patrick G. Sullivan and Harry L. Albrecht, Washington, D. C., were on the brief for intervenor, Union Oil Co. of California.

Messrs. David K. Kadane and Bertram D. Moll, Mineola, N. Y., were on the brief for intervenor, Long Island Lighting Co. Mr. Frederick Moring, Washington, D. C., also entered an appearance for intervenors, Long Island Lighting Co., Philadelphia Electric Co., and The United Gas Improvement Co.

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


BAZELON, Chief Judge.

This case is related to the Pan American Petroleum cases,1 decided today. There we upheld the Commission's sua sponte action in (1) reopening its order of May 29, 1961 which required gas producers to refund to their pipeline purchasers only such amounts, of the moneys collected as costs of an invalid Louisiana State tax, as the producers claimed and received in refunds from the State, and (2) entering a corrected...

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