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TENNECO OIL COMPANY v. FEDERAL POWER COMMISSION

No. 29486.

442 F.2d 489 (1971)

TENNECO OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

May 7, 1971.

Attorney(s) appearing for the Case

Robert Malinak, John E. Watson, Gen. Atty., Baker, Botts, Shepherd & Coates, Houston, Tex., for petitioner.

Gordon Gooch, Gen. Counsel, Israel Convisser, Federal Power Commission, Peter H. Schiff, Solicitor, Leo E. Forquer, Asst. Gen Counsel, Washington, D. C., for respondent.

Before GOLDBERG and DYER, Circuit Judges, and GROOMS, District Judge.

GOLDBERG, Circuit Judge:

Tenneco Oil Company objects to orders issued by the Federal Power Commission requiring the refund of excess charges collected under a temporary certificate authorizing the sale of gas to United Gas Pipe Line Company. Our question revolves around who has the primary responsibility for pursuing and sequestering excess exactions for gas sold pursuant to temporary certification. There is no utopian choice, and our solution is therefore melioristic...

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