CITIES SERVICE GAS CO. v. STATE CORPORATION COMMISSION

No. 44,931

201 Kan. 223 (1968)

440 P.2d 660

CITIES SERVICE GAS COMPANY, a corporation, NORTHERN NATURAL GAS COMPANY, a corporation, NATURAL GAS PIPELINE COMPANY OF AMERICA, a corporation, Appellees, v. STATE CORPORATION COMMISSION OF KANSAS, William L. Mitchell, Chairman, James O. Greenleaf and Harry G. Wiles, as members of said Commission, and their respective successors in office, Appellant.

Supreme Court of Kansas.

Opinion filed May 11, 1968.


Attorney(s) appearing for the Case

Ray E. Cooley, of Topeka, and Rex L. Culley, of Russell, argued the cause, and E. Edward Johnson, of Topeka, was with them on the brief for appellant.

Daniel R. Hopkins, of Oklahoma City, Oklahoma, argued the cause, and Charles V. Wheeler, Conrad C. Mount, of Oklahoma City, Oklahoma, and Mark H. Adams and Mark H. Adams, II, of Wichita, were with him on the brief for appellee Cities Service Gas Company.

Mark H. Adams, of Wichita, argued the cause, and F. Vinson Roach, Jack C. Osborne and John Will, of Omaha, Nebraska, and Charles E. Jones, Wm. I. Robinson, J. Ashford Manka, Clifford L. Malone, Mark H. Adams, II, John S. Seeber, Floyd E. Jensen, Philip L. Bowman, Robert Hall and Joe Rolston, all of Wichita, were with him on the brief for appellee Northern Natural Gas Company.

Dean E. Peterson, of Chicago, Illinois, argued the cause, and Charles C. McDugald, of Chicago, Illinois, and Mark H. Adams and Mark H. Adams, II, of Wichita, were with him on the brief for appellee Natural Gas Pipeline Company of America.


The opinion of the court was delivered by

FATZER, J.:

This court is asked by the State Corporation Commission to review an order issued on April 28, 1965, by which the commission asserted jurisdiction over all interstate natural gas pipeline companies operating within Kansas which make direct mainline sales of natural gas to Kansas industrial consumers from their facilities located within the state. The district court held the order to be invalid and void...

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