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FLORIDA GAS TRANSMISSION COMPANY v. FEDERAL POWER COMMISSION

Nos. 21957, 22089 and 21964.

391 F.2d 114 (1968)

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.

March 5, 1968.

Attorney(s) appearing for the Case

Abe Fortas, Washington, D. C., for petitioner in No. 22089.

Leon M. Payne, Houston, Tex., for petitioner in Nos. 22089, 21957 and 21964.

Robert Y. Patterson, Jr., Winter Park, Fla., for petitioner in Nos. 22089 and 21957.

Robert M. Scott, Washington, D. C., for petitioner in No. 21957.

Lewis W. Pettaway, Tallahassee, Fla., for petitioner in No. 21964.

Peter Schiff, Solicitor, Richard A. Solomon, Gen. Counsel, Josephine M. Klein, Atty., F. P. C., Washington, D. C., for respondent.

Before JONES, WISDOM and GEWIN, Circuit Judges.

ON PETITION FOR REHEARING.

PER CURIAM.

Upon consideration of the petition for rehearing filed herein by the Federal Power Commission, it is ordered that said petition be, and the same is hereby denied, except that rehearing is hereby granted only to the limited extent of a reconsideration of the issue of whether federal income taxes which a gas transmission company would have paid, but for a consolidated return, are properly to be included in the "cost-of...

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