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WILHITE v. PUBLIC SERVICE COMMISSION

No. 12562.

149 S.E.2d 273 (1966)

Marvin E. WILHITE et al., etc., and Wilhite-McGahee Pipe Line, Inc., a corporation, v. PUBLIC SERVICE COMMISSION of West Virginia and Consolidated Gas Supply Corporation, a corporation, etc.

Supreme Court of Appeals of West Virginia.

Decided July 15, 1966.

Attorney(s) appearing for the Case

Homer W. Hanna, Jr., T. D. Kauffelt, Charleston, for petitioners.

Robert Hart, Jr., P. S. C., Charles E. Anderson, Charleston, Thomas A. White, David E. Weatherwax, Harold M. Garrett, Clarksburg, for respondents.

Jackson, Kelly, Holt & O'Farrell, William T. O'Farrell, Charleston, W. J. Carter, South Charleston, amicus curiae on behalf of Union Carbide Corp.

Steptoe & Johnson, W. F. Wunschel, Charleston, W. F. Swanson, Jr., Pittsburgh, Pa., amicus curiae on behalf of Pittsburgh Plate Glass Co.

BERRY, Judge.

This case is before the Court for a suspension and review of the final order entered by the Public Service Commission of West Virginia of January 6, 1966 and the order of January 26, 1966, denying rehearing and reconsideration of the January 6, 1966 order, which reads as follows: "The defendant, Wilhite-McGahee Pipeline, Inc., a corporation, is hereby ordered to cease and desist from the construction and operation of a gas pipeline to furnish gas, and...

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