FPC v. SUNRAY DX OIL CO.

No. 60.

391 U.S. 9 (1968)

FEDERAL POWER COMMISSION v. SUNRAY DX OIL CO. ET AL.

Supreme Court of United States.

Decided May 6, 1968.


Attorney(s) appearing for the Case

Peter H. Schiff argued the cause for the Federal Power Commission. With him on the brief were Solicitor General Griswold, Ralph S. Spritzer, Harris Weinstein, Richard A. Solomon, and Joel Yohalem.

William T. Coleman, Jr., and Morton L. Simons argued the cause for the Public Service Commission of New York et al. (Consumer-Distributor Group). With Mr. Coleman on the briefs for the United Gas Improvement Co. were Robert W. Maris, Richardson Dilworth, and Harold E. Kohn. With Mr. Simons on the briefs for the Consumer-Distributor Group were Samuel Graff Miller, Kent H. Brown, Edwin F. Russell, Barbara M. Suchow, Bertram D. Moll, and Barbara M. Simons.

William K. Tell, Jr., Thomas G. Johnson, William T. Kilbourne II, Francis H. Caskin, and Justin R. Wolf argued the cause for the Sunray DX Oil Co. et al. (Producers). With Messrs. Tell and Caskin on the briefs for the Sunray DX Oil Co. et al. were Homer E. McEwen, Jr., William R. Slye, James D. Annett, Phillip D. Endom, Robert E. May, Richard F. Remmers, Kiel Boone, Martin N. Erck, Frank S. Troidl, Thomas G. Crouch, Robert W. Henderson, Donald K. Young, Warren M. Sparks, Sherman S. Poland, Robert V. Smith, Vernon W. Woods, J. Evans Attwell, and W. H. Drushel, Jr. With Mr. Johnson on the briefs for the Shell Oil Co. et al. were Messrs. Erck, Troidl, Poland, Bernard A. Foster, Jr., and Oliver L. Stone. With Mr. Kilbourne on the briefs for the Superior Oil Co. were Murray Christian, H. W. Varner, and Homer J. Penn. With Mr. Wolf on the briefs for the Standard Oil Co. of Texas were Francis R. Kirkham and Louise C. Powell.

J. P. Hammond, Harold H. Young, Jr., Wm. J. Grove, Carroll L. Gilliam, and Phillip R. Ehrenkranz filed a brief for the Pan American Petroleum Corp., as amicus curiae.


MR. JUSTICE HARLAN delivered the opinion of the Court.

These cases present questions arising out of the issuance by the Federal Power Commission, pursuant to § 7 of the Natural Gas Act. 52 Stat. 824, as amended, 15 U. S. C. § 717f, of "permanent" certificates authorizing producers to sell natural gas to pipelines for transportation and resale in interstate commerce.

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