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CITIES SERVICE GAS COMPANY v. FEDERAL POWER COMMISSION

No. 151-68.

424 F.2d 411 (1969)

CITIES SERVICE GAS COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Continental Oil Company, City Group Gas Defense Association, City of Springfield, Missouri, and the Board of Public Utilities of Springfield, Missouri, Intervenors.

United States Court of Appeals Tenth Circuit.

Rehearing Denied January 23, 1970.

Attorney(s) appearing for the Case

Charles V. Wheeler, Oklahoma City, Okl., and Dale A. Wright, Washington, D. C. (Harry S. Littman, Washington, D. C., Jack W. Wertz, and Conrad C. Mount, Oklahoma, Okl., were with them on the brief), for petitioner.

Richard A. Solomon, Washington, D. C. (Peter H. Schiff, Abraham R. Spalter, and William H. Arkin, Washington, D. C., were with him on the brief), for respondent.

Tom Burton, Houston, Tex., for intervenor Continental Oil Co.

Alfred J. Tighe, Jr., Washington, D. C. (John F. Carr, Springfield, Mo., and Charles S. Rhyne, Washington, D. C., were with him on the brief), for intervenors City Group Gas Defense Ass'n, City of Springfield, Mo., and the Bd. of Public Utilities of Springfield, Mo.

Before MURRAH, Chief Judge, and TUTTLE and BREITENSTEIN, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Petitioner Cities Service Gas Company seeks a review of the Federal Power Commission's Opinion No. 542 and accompanying orders. See 39 FPC 1034. The effect of that order is to reduce the jurisdictional rates of Gas Company by a disallowance of a portion of the gas costs and to require a refund of excess collections made since April 23, 1964.

The situation is that an interstate pipeline owned certain gas producing properties which...

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