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PANHANDLE EASTERN PIPE LINE CO. v. FEDERAL POWER COM'N

No. 17872.

343 F.2d 905 (1965)

PANHANDLE EASTERN PIPE LINE COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Eighth Circuit.

April 14, 1965.

Attorney(s) appearing for the Case

Raymond N. Shibley, Washington, D. C., made argument for petitioner in opposition to motion to dismiss, and G. R. Redding, of Baker & Daniels, Indianapolis, Ind., was with him on the papers.

Josephine H. Klein, Atty., F. P. C., Washington, D. C., made argument on motion to dismiss, and Howard E. Wahrenbrock, Sol., F. P. C., Washington, D. C., was with her on the motion.

Before VAN OOSTERHOUT and RIDGE, Circuit Judges, and HENLEY, District Judge.

VAN OOSTERHOUT, Circuit Judge.

The issue presented by the motion of Federal Power Commission (F.P.C.) to dismiss for want of jurisdiction is whether a Court of Appeals, having jurisdiction to consider a petition for review of an order of the F.P.C. but where venue is improper, has discretionary power to transfer the proceedings to a Court of Appeals having both jurisdiction and venue. There is no specific statutory provision for a transfer under the circumstances...

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