LYNCHBURG GAS COMPANY v. FEDERAL POWER COMMISSION

No. 17738.

336 F.2d 942 (1964)

LYNCHBURG GAS COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Atlantic Seaboard Corporation et al., Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 26, 1964.


Attorney(s) appearing for the Case

Mr. Morton L. Simons, Washington, D. C., for petitioner.

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

Mr. Peter H. Schiff, Atty., Federal Power Commission, also entered an appearance for respondent.

Mr. Edward S. Pinney, New York City, with whom Messrs. Giles D. H. Snyder and William C. Hart, New York City, were on the brief, for intervenors.

Before FAHY, WASHINGTON and BURGER, Circuit Judges.


PER CURIAM.

The judgment of the court is that the order of the Commission under review in this proceeding is set aside and the case is remanded to the Commission for further proceedings. Judge Fahy states his reasons in an opinion in which Judge Washington concurs except Part II which discusses the contention of petitioner that the approved rate is an unreasonable restraint upon trade and is discriminatory in violation of the antitrust laws. Judge Washington files...

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