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ATLANTIC SEABOARD CORP. v. FEDERAL POWER COM'N

No. 11404.

397 F.2d 753 (1968)

ATLANTIC SEABOARD CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. Commonwealth Natural Gas Corporation, Transcontinental Gas Pipe Line Corporation, Washington Gas Light Company, and Public Service Commission of the District of Columbia, Intervenors.

United States Court of Appeals Fourth Circuit.

Decided June 12, 1968.

Attorney(s) appearing for the Case

Richard A. Rosan and Giles D. H. Snyder, New York City (C. E. Goodwin, L. Sargeant, III, Charleston, W. Va., W. C. Hart, Washington, D. C., John W. Barnum, New York City, and David S. Cupps, New York City, on brief), for petitioner.

Peter H. Schiff, Solicitor, F. P. C. (Richard A. Solomon, Gen. Counsel, James N. Horwood, Russell B. Mamone and Joseph J. Klovekorn, Attys., F. P. C., on brief), for respondent.

Thomas F. Ryan, Jr., Richard J. Connor, and Gallagher, Connor & Boland, Lawrence H. Gall, Washington, D. C., and William N. Bonner, Jr., Houston, Tex., on brief, for intervenor Transcontinental Gas Pipe Line Corp.

James O. Watts, Jr., Lynchburg, Va., on brief, for intervenor Commonwealth Natural Gas Corp.

C. Oscar Berry, Karl Michelet, Reuben Goldberg and George F. Donnella, Washington, D. C., on joint brief for intervenors Washington Gas Light Co. and Public Service Commission of the District of Columbia.

Before HAYNESWORTH, Chief Judge, and CRAVEN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

Atlantic Seaboard Corporation seeks to set aside an order of the Federal Power Commission that allowed a new supplier of gas in markets it alone had served. The commission authorized Transcontinental Gas Pipe Line Corporation (Transco) to furnish part of the requirements of Washington Gas Light Company and Commonwealth Natural Gas Corporation. It denied authorization for these requirements to Seaboard. We deny Seaboard's petition and affirm...

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