TEXAS EASTERN TRANSMISSION CORPORATION, Petitioner,
v.
FEDERAL POWER COMMISSION, Respondent.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
June 20, 1969.
June 20, 1969.
Attorney(s) appearing for the Case
David T. Searls, J. Evans Attwell, Lynn R. Coleman, Jack D. Head, Vinson, Elkins, Weems & Searls, Houston, Tex., for petitioner, Texas Eastern Transmission Corp.
J. Calvin Simpson, Mary Moran Pajalich, Lawrence Q. Garcia, San Francisco, Cal., for intervenor, People of State of Cal. and Public Utilities Commission of State of Cal.
Harry L. Albrecht, Washington, D.C., for intervenor, Ind. Natural Gas Assn. of America.
Jerome L. McGrath, Washington, D.C., Donald Blanken, Paul Auerbach, Philadelphia, Pa., for intervenor, Philadelphia Elec. Co.
Peter Schiff, Sol., Federal Power Commission, Israel Convisser, Richard A. Solomon, Gen. Counsel, Abraham R. Spalter, Asst. Gen. Counsel, Washington, D.C., for Federal Power Commission.
Morton L. Simons, Washington, D.C., for intervenor.
Kent H. Brown, Albany, N.Y., for Public Service Commission of N.Y.
Edwin F. Russell, Barbara M. Suchow, Brooklyn, N.Y., for intervenor, Brooklyn Union Gas Co.
Edward F. Mannino, Dilworth, Paxson, Kalish, Kohn & Levy, William T. Coleman, Jr., Robert W. Maris, Philadelphia, Pa., for intervenor, Philadelphia Gas Works Div. of UGI Corp.
Before BELL and THORNBERRY, Circuit Judges, and CHOATE, District Judge.
United States Court of Appeals Fifth Circuit.
BELL, Circuit Judge:
This case involves the disposition of refunds resulting from the disallowance under § 4(e) of the Natural Gas Act, 15 U.S.C.A. § 717c(e), of rate increases collected during the period 1961-64 from Texas Eastern by its suppliers. The increases were paid and absorbed by Texas Eastern in the sense that they were not passed on by Texas Eastern to its customers in the form of rate increases. The refunds, held in escrow by the suppliers and...
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