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J. M. HUBER CORPORATION v. DENMAN

No. 22272.

367 F.2d 104 (1966)

J. M. HUBER CORPORATION, Appellant, v. William Harvey DENMAN and Jay Pumphrey, Trustees of the Estate of S. B. Burnett, Deceased, et al., Appellees.

United States Court of Appeals Fifth Circuit.

September 20, 1966.

Attorney(s) appearing for the Case

C. C. Small, Jr., Austin, Tex., Thomas O. Moxcey, Denver, Colo., William Tucker, Denver, Colo., Small, Small, & Craig, Austin, Tex., for appellant.

Cecil E. Munn, Cantey, Hanger, Gooch, Cravens & Scarborough, Fort Worth, Tex., for appellees.

Before RIVES, BROWN and MOORE, 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. Post argument consideration...

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