UNITED GAS PIPE LINE COMPANY v. FEDERAL POWER COMMISSION

No. 21693.

350 F.2d 689 (1965)

UNITED GAS PIPE LINE COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 8, 1965.


Attorney(s) appearing for the Case

Vernon W. Woods, Willis L. Meadows, Shreveport, La., for United Gas Pipe Line Co.; Wilbert O. Crain, Saunders Gregg, David Klotz, Wilkinson, Lewis, Woods & Carmody, Shreveport, La., of counsel.

Jack D. Head, Houston, Tex., for Texas Eastern Transmission Corp.; Keith M. Pyburn, Washington, D. C., Joseph F. Weiler, Bolivar C. Andrews, Houston, Tex., of counsel.

Bruce R. Merrill, Lloyd F. Thanhouser, Tom Burton, Houston, Tex., for Continental Oil Co.

Josephine H. Klein, Atty., Richard A. Solomon, Gen. Counsel, Howard E. Wahrenbrock, Sol., Robert L. Russell, Asst. Gen. Counsel, Peter H. Schiff, Atty., F. P. C., Washington, D. C., for respondent.

Before BROWN and GEWIN, Circuit Judges, and KILKENNY, District Judge.


JOHN R. BROWN, Circuit Judge:

The question here is whether on expiration of the underlying gas sales contract with the seller still committed under the Natural Gas Act, the pipeline purchaser may be compelled to take deliveries at unilaterally increased prices until such time as the FPC approves abandonments. The FPC gave an affirmative answer. We agree and enforce.

Although decision is far from easy, the facts out of which the problem emerges are simple,...

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