TEXACO, INC. v. FEDERAL POWER COMMISSION

Nos. 17608, 17652, 17700.

329 F.2d 223 (1963)

TEXACO, INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent. TEXACO, INC., et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Public Service Commission of the State of New York, Intervenor. SUN OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Public Service Commission of the State of New York, Intervenor.

United States Court of Appeals District of Columbia Circuit.

October 17, 1963.

Decided October 17, 1963.


Attorney(s) appearing for the Case

Mr. Howard E. Wahrenbrock, Solicitor, Federal Power Commission, argued the motion to dismiss for respondent. Mr. Richard A. Solomon, General Counsel, Federal Power Commission, also entered an appearance for respondent.

Mr. Alfred C. DeCrane, Jr., Houston, Tex., argued in opposition to the motion for petitioners in Nos. 17,608 and 17,652. With him on the opposition to respondent's motion was Mr. James J. Flood, Jr., Houston, Tex., Mr. Edwin S. Nail, Washington, D. C., entered an appearance for petitioner, Amerada Petroleum Corporation in No. 17,652. Mr. Sherman S. Poland, Washington, D. C., entered an appearance for petitioner Skelly Oil Company in No. 17,652.

Mr. Omar L. Crook, Washington, D. C., argued in opposition to the motion for petitioner in No. 17,700. With him on the opposition to respondent's motion were Messrs. Robert E. May, Washington, D. C., and Edwin M. Cage, Dallas, Tex.

Mr. Kent H. Brown, Albany, N. Y., and Mrs. Barbara M. Suchow, New York City, entered appearances for intervenor, Public Service Commission of New York in Nos. 17,652 and 17,700.

Before PRETTYMAN, Senior Circuit Judge, and FAHY and BURGER, Circuit Judges.


BURGER, Circuit Judge.

These cases come before us on the consolidated petitions of Texaco, Inc. (No. 17608), Texaco, Inc. and other corporations and individuals (No. 17652), and Sun Oil Co. (No. 17700) for an order granting leave to adduce additional evidence in a hearing now pending before the respondent, Federal Power Commission. Respondent has moved to dismiss the petitions on the ground that they are premature and that this court lacks jurisdiction to consider...

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