WEYMOUTH v. COLORADO INTERSTATE GAS COMPANY

No. 21096.

367 F.2d 84 (1966)

Fanny Fern WEYMOUTH and husband, C. E. Weymouth, et al., Appellants, v. COLORADO INTERSTATE GAS COMPANY, Appellee. COLORADO INTERSTATE GAS COMPANY, Appellant, v. Fanny Fern WEYMOUTH and husband, C. E. Weymouth, et al., Appellees.

United States Court of Appeals Fifth Circuit.

September 20, 1966.


Attorney(s) appearing for the Case

D. H. Culton, B. M. Britain, L. A. White, R. W. Richards, Amarillo, Tex., Culton, Morgan, Britain & White, Amarillo, Tex., of counsel, for appellants.

A. J. Folley, Folley, Snodgrass, Calhoun & Kolius, Amarillo, Tex., James L. White, Denver, Colo., Lewis M. Poe, Robert R. McCracken, Colorado Springs, Colo., James T. Moran, Denver, Colo., Holland & Hart, Denver, Colo., of counsel, for appellee.

Before TUTTLE, Chief Judge, and BROWN and GEWIN, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

As with another case this day decided,1 this one, thought by the parties to be a private controversy, turns out to have transcendent public interest issues. In each, besides deciding the private law questions, we direct a reference to the Federal Power Commission for it to determine under the doctrine of primary jurisdiction the jurisdiction of the FPC over rates to be paid for gas royalty.

This appeal...

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