PUBLIC SERVICE COM'N OF STATE OF N. Y. v. FEDERAL POWER COM'N

Nos. 17582, 17627, 17628, 17859.

329 F.2d 242 (1964)

PUBLIC SERVICE COMMISSION OF THE STATE OF NEW YORK, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Continental Oil Company and Sunray D X Oil Company, Skelly Oil Company, Sun Oil Company, George H. Coates, Prado Oil & Gas Company, Philadelphia Electric Company, Intervenors. CONTINENTAL OIL COMPANY, and Sunray D X Oil Company, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Public Service Commission of the State of New York, The United Gas Improvement Company, and Long Island Lighting Company, Intervenors. The UNITED GAS IMPROVEMENT COMPANY and Long Island Lighting Company, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Sun Oil Company, South Texas Natural Gas Gathering Company, George H. Coates, Skelly Oil Company, Continental Oil Company, et al., Prado Oil and Gas Company, and Philadelphia Electric Company, Intervenors. PRADO OIL AND GAS 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.

Decided January 23, 1964.

Certiorari Denied June 8, 1964.


Attorney(s) appearing for the Case

Mr. Kent H. Brown, Albany, N. Y., with whom Mrs. Barbara M. Suchow, New York City, was on the brief for Public Service Commission of the State of New York, petitioner in No. 17582 and intervenor in Nos. 17627 and 17859.

Mr. Thomas H. Burton, Houston, Tex., with whom Mr. Bruce R. Merrill, Houston, Tex., was on the brief, for Continental Oil Co., petitioner in No. 17627 and intervenor in Nos. 17582 and 17628.

Mr. William T. Coleman, Jr., Philadelphia, Pa., with whom Mr. W. Howard Dilks, Jr., Philadelphia, Pa., was on the brief, for United Gas Improvement Company, petitioner in No. 17628 and intervenor in No. 17627.

Mr. J. Evans Attwell, Houston, Tex., of the bar of the Supreme Court of Texas, pro hac vice, by special leave of court, with whom Mr. W. D. Deakins, Jr., Houston, Tex., was on the brief, for Prado Oil and Gas Co., petitioner in No. 17859 and intervenor in Nos. 17582 and 17628.

Mr. Peter H. Schiff, Atty., Federal Power Commission, with whom Messrs. Richard A. Solomon, Gen. Counsel, and Howard E. Wahrenbrock, Solicitor, Federal Power Commission, were on the brief, for respondent.

Mr. Sherman S. Poland, Washington, D. C., with whom Mr. Lewis Carroll, Washington, D. C., was on the brief, for Skelly Oil Co. and George H. Coates, intervenors in Nos. 17582 and 17628.

Mr. Dale E. Doty, Washington, D. C., was on the brief for Sunray D X Oil Co., petitioner in No. 17627 and intervenor in Nos. 17582 and 17628.

Messrs. Robert E. May, Omar L. Crook, John T. Ketcham, Washington, D. C., and John A. Ward, III, Philadelphia, Pa., were on the brief, for Sun Oil Co., intervenor in Nos. 17582 and 17628.

Messrs. David K. Kadane and Bertram D. Moll, Mineola, N. Y., were on the brief for Long Island Lighting Co., petitioner in No. 17628 and intervenor in No. 17627.

Messrs. Bradford Ross and Lewis Carroll, Washington, D. C., were on the brief for South Texas Natural Gas Gathering Co., intervenor in No. 17628.

Mr. Eugene J. Bradley, Philadelphia, Pa., entered an appearance for Philadelphia Electric Co., intervenor in Nos. 17582 and 17628.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.


Certiorari Denied June 8, 1964. See 84 S.Ct. 1644, 1646, 1649.

FAHY, Circuit Judge.

Continental Oil Co. and Sunray D X Oil Co., petitioners in No. 17627, and Prado Oil and Gas Co., petitioner in No. 17859, on May 15, 1959, and June 30, 1960, respectively, entered into contracts with the South Texas Natural Gas Gathering Company for the sale of natural gas at a price of 16 cents per Mcf. This was part of a larger project...

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