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MONSANTO COMPANY v. FEDERAL POWER COMMISSION

Nos. 71-1306, 72-1093 and 72-1094.

463 F.2d 799 (1972)

MONSANTO COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, United Gas Pipe Line Company, Intervenor. MONSANTO COMPANY, a corporation, Appellant, v. UNITED GAS PIPE LINE COMPANY, a corporation, et al. TEXAS GULF SULPHUR COMPANY, a corporation, Appellant, v. UNITED GAS PIPE LINE COMPANY, a corporation, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided April 19, 1972.

Attorney(s) appearing for the Case

Mr. John T. Miller, Jr., Washington, D. C., with whom Mr. James J. Bierbower, Washington, D. C., was on the brief, for petitioner in No. 71-1306 and appellants in Nos. 72-1093 and 72-1094.

Mr. George W. McHenry, Atty., F. P. C., of the bar of the Supreme Court of Tenn., pro hac vice, by special leave of court, with whom Messrs. Gordon Gooch, Gen. Counsel, Leo E. Forquer, Solicitor, J. Richard Tiano, First Asst. Sol., and George P. Lewnes, Asst. Gen. Counsel, F. P. C., were on the brief, for respondent in No. 71-1306 and intervenor-appellee Federal Power Commission in Nos. 72-1093 and 72-1094.

Mr. W. DeVier Pierson, with whom Mr. Peter J. Levin, Washington, D. C., and William B. Cassin, Houston, Tex., were on the brief, for appellee United Gas Pipe Line Co. in Nos. 72-1093 and 72-1094 and intervenor in No. 71-1306.

Mr. Christopher T. Boland, Washington, D. C., for intervenor-appellee Texas Gas Transmission Corp. in Nos. 72-1093 and 72-1094.

Before LEVENTHAL and ROBB, Circuit Judges, and MATTHEWS, U. S. Senior District Judge for the District of Columbia.

LEVENTHAL, Circuit Judge:

This court has before it consolidated appeals: A petition by Monsanto Company (No. 71-1306) to review an action of the Federal Power Commission, and appeals by both Monsanto (No. 72-1093) and Texas Gulf Sulphur Company (No. 72-1094) from a judgment of the District Court dismissing their contract actions brought against United Gas Pipe Line Company, on the ground that the matter involved is within the jurisdiction not of the court but of the...

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