MOBIL OIL CORPORATION v. FEDERAL POWER COMMISSION

Nos. 23463, 23491, 23511, 23633, 23654, 24051, 24180.

463 F.2d 256 (1972)

MOBIL OIL CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Panhandle Eastern Pipe Line Company et al., Intervenors. J. M. HUBER CORPORATION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Philadelphia Gas Works Division of UGI Corporation, Shell Oil Company, Intervenors. WESTERN NATURAL GAS COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Philadelphia Gas Works Division of UGI Corporation, Carl F. Matzen, et al., Intervenors. AMOCO PRODUCTION COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Philadelphia Gas Works Division of UGI Corporation, Carl F. Matzen, et al., Intervenors. The LAND AND ROYALTY OWNERS OF LOUISIANA, Petitioner, v. FEDERAL POWER COMMISSION, Respondent. Mobil Oil Corporation, Philadelphia Gas Works Division of UGI Corporation, Intervenors. Carl F. MATZEN et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Mobil Oil Corporation et al., Intervenors. William Harvey DENMAN et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Cities Service Oil Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 17, 1971.

Certiorari Denied June 7, 1972.

Rehearing Granted in Part August 29, 1972.


Attorney(s) appearing for the Case

Mr. Carroll L. Gilliam, Washington, D. C., with whom Messrs. Philip R. Ehrenkranz, Washington, D. C., and William H. Emerson, Tulsa, Okl., were on the brief, for petitioners in Nos. 23,463, 23,511 and 23,633; also argued for intervenor Cities Service Oil Company in Nos. 23,463, 24,051 and 24,180. Mr. William J. Grove, Washington, D. C., entered an appearance for petitioner in No. 23,633.

Mr. Sherman S. Poland, Washington, D. C., with whom Messrs. James B. Reed, Houston, Tex., and Daniel F. Collins, Washington, D. C., were on the brief, for petitioner in No. 23,491 and intervenor J. M. Huber Corporation in No. 24,180.

Mr. Dale M. Stucky, Wichita, Kan., for petitioners in No. 24,051 and intervenors Carl F. Matzen, et al., in Nos. 23,463, 23,511 and 23,633.

Mr. H. H. Hillyer, Jr., New Orleans, La., for petitioner in No. 23,654.

Mr. Cecil E. Munn, Fort Worth, Tex., for petitioners in No. 24,180.

Mr. Israel Convisser, Attorney, Federal Power Commission, with whom Messrs. Gordon Gooch, General Counsel, Leo E. Forquer, Assistant General Counsel, Federal Power Commission, and Peter H. Schiff, Solicitor, Federal Power Commission at the time the brief was filed, were on the brief, for respondent.

Mr. Dan A. Bruce, Houston, Tex., with whom Mr. Thomas G. Johnson, New York City, was on the brief, for intervenor Shell Oil Company in Nos. 23,491, 24,051 and 24,180.

Mr. Graydon D. Luthey, Tulsa, Okl., was on the brief for intervenor Cities Service Oil Company in Nos. 23,463, 24,051 and 24,180.

Mr. Charles E. McGee, Washington, D. C., was on the brief for intervenor Atlantic Richfield Company in No. 24,051. Mr. John T. Ketcham, Washington, D. C., also entered an appearance for intervenor Atlantic Richfield Company in No. 24,051.

Mr. James J. Flood, Jr., Houston, Tex., entered an appearance for intervenor Panhandle Eastern Oil Company in Nos. 23,463, 24,051 and 24,180.

Before LEVENTHAL, ROBINSON and MacKINNON, Circuit Judges.


Certiorari Denied June 7, 1972. See 92 S.Ct. 2409, 2410, 2413.

Rehearing Granted in Part in No. 23491 August 29, 1972.

LEVENTHAL, Circuit Judge:

These are petitions for review of an order of the Federal Power Commission (FPC), accompanied by its opinion No. 562, 42 FPC 164, which determined and declared that the royalty provisions of oil and gas leases constitute sales of natural gas for resale in interstate commerce subject to the Natural Gas Act...

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