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FLORIDA GAS TRANSMISSION CO. v. FEDERAL POWER COM'N

Nos. 21957, 22089, 21964.

362 F.2d 331 (1966)

FLORIDA GAS TRANSMISSION COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent (two cases). FLORIDA PUBLIC UTILITIES COMMISSION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

June 13, 1966.

Attorney(s) appearing for the Case

Robert Y. Patterson, Jr., Winter Park, Fla., Leon M. Payne, Houston, Tex., Robert M. Scott, Washington, D. C., Andrews, Kurth, Campbell & Jones, Houston, Tex., for Florida Gas Transmission Co., Abe Fortas, James R. McAlee, Arnold, Fortas & Porter, Washington, D. C., of counsel.

Richard A. Solomon, Gen. Counsel, F.P.C., Howard E. Wahrenbrock, Sol., F.P.C., Josephine Klein, Atty., F.P.C., Abraham Spalter, Asst. Gen. Counsel, Cyril Wofsy, Atty., P.F.C., Washington, D. C., for respondent.

Lewis W. Pettaway, Tallahassee, Fla., for petitioner Florida Public Utilities Commission.

Before JONES, WISDOM and GEWIN, Circuit Judges.

GEWIN, Circuit Judge:

These three cases involve petitions for review of certain orders and opinions of the Federal Power Commission. They were filed pursuant to Section 19(b) of the Natural Gas Act, 15 U.S.C.A. § 717r (b).1 Upon joint motion of all parties, the cases were ordered consolidated for all purposes of this review. There are two principal issues which, for simplicity, will be referred to as (1) the "cost" issue; and (2)...

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