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CITIES SERVICE GAS COMPANY v. FEDERAL POWER COMMISSION

No. 7538.

337 F.2d 97 (1964)

CITIES SERVICE GAS COMPANY and Cities Service Company, Petitioners, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Tenth Circuit.

October 9, 1964.

Attorney(s) appearing for the Case

Harry S. Littman, Washington, D. C. (Conrad C. Mount, Oklahoma City, Okl., Jack Werner, Washington, D. C., Geo. H. Hill, Jr., Gen. Counsel, Melvin Richter and Richard Littell, Washington, D. C., with him on brief), for petitioners.

Richard A. Solomon, Washington, D. C. (Howard E. Wahrenbrock, Abraham R. Spalter and Cyril S. Wofsy, Washington, D. C., with him on brief), for respondent.

Before MURRAH, Chief Judge, HILL, Circuit Judge, and ARRAJ, District Judge.

MURRAH, Chief Judge.

In an order of the Federal Power Commission approving a settlement of the rates charged by Cities Service Gas Company for jurisdictional gas sales, the Commission reserved for future determination the Federal income tax allowance to be included in the cost of service underlying the approved settlement. This appeal is from a final order of the Commission determining that sole issue.

The stipulated settlement included as a part of the cost...

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