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JUPITER CORPORATION v. FEDERAL POWER COMMISSION

Nos. 22154, 22442, 22693.

424 F.2d 783 (1969)

The JUPITER CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Phillips Petroleum Co. and Kerr-McGee Corp., Tennessee Gas Pipeline Co., Long Island Lighting Co., Intervenors. UNION OIL COMPANY OF CALIFORNIA, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Tennessee Gas Pipeline Co., The Jupiter Corporation, Phillips Petroleum Co., and Kerr McGee Corp., Long Island Lighting Co., Intervenors. The JUPITER CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided October 10, 1969.

Attorney(s) appearing for the Case

Mr. William W. Brackett, Chicago, Ill., with whom Mr. Donald W. Glaves was on the brief, for petitioner in Nos. 22,154 and 22,693.

Messrs. John C. Snodgrass and John L. Murchison, Jr., Houston, Tex., for petitioner in No. 22,442.

Mr. David F. Stover, Atty., Federal Power Commission, with whom Messrs. Richard A. Solomon, General Counsel, Peter H. Schiff, Solicitor, and Robert C. McDiarmid, Asst. to the Gen. Counsel, Federal Power Commission, were on the brief, for respondent.

Mr. Howard C. Westwood, Washington, D. C., with whom Messrs. Herbert Dym, Paul S. Hoff, Washington, D. C., and John R. Rebman, Bartlesville, Okl., were on the brief, for intervenors, Phillips Petroleum Co. and Kerr McGee Corp. in Nos. 22,154 and 22,442.

Mr. Melvin Richter, Washington, D. C., with whom Mr. Jack Werner, Washington, D. C., was on the brief for intervenor, Tennessee Gas Pipeline Co. in Nos. 22,154 and 22,442.

Mr. Morton L. Simons, Washington, D. C., entered an appearance for intervenor, Long Island Lighting Company in Nos. 22,154 and 22,442.

Before FAHY, Senior Circuit Judge, and BURGER and TAMM, Circuit Judges.

TAMM, Circuit Judge:

Petitioners, the Jupiter Corporation and Union Oil Company of California, seek review of declaratory orders of the Federal Power Commission regarding certain rates to be charged by Jupiter, owner and operator of an underwater pipeline system offshore of Louisiana in the "Rollover Field." Petitioner Union and the Phillips Petroleum Company and Kerr-McGee Corporation (PKM), joint venturers and intervenors in these suits, are producers of gas in...

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