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MISSISSIPPI VALLEY GAS COMPANY v. FEDERAL POWER COM'N

No. 25171.

398 F.2d 395 (1968)

MISSISSIPPI VALLEY GAS COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Fifth Circuit.

July 16, 1968.

Attorney(s) appearing for the Case

John M. Kuykendall, Jr., Jackson, Miss., Peyton G. Bowman, III, Richard M. Merriman, Washington, D. C., Harry A. Poth, Jr., New York City, for petitioner.

Richard A. Solomon, Gen. Counsel, Peter H. Schiff, Solicitor, F. P. C., Washington, D. C., Bennett E. Smith, Asst. Atty. Gen., Jackson, Miss., Bernard A. Foster, Jr., Washington, D. C., Anthony J. Davey, New York City, Martin N. Erck, Dillard W. Baker, Houston, Tex., for respondent.

Before TUTTLE and DYER, Circuit Judges, and MEHRTENS, District Judge.

DYER, Circuit Judge:

Urging that the Federal Power Commission's action in this case was arbitrary and capricious and constituted an abuse of discretion, Mississippi Valley Gas Company (Mississippi), a distributor of natural gas, by its petition for review1 challenges the issuance of a certificate of public convenience and necessity2 enabling Humble Gas Transmission Company (Humble), an interstate pipeline company...

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