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MEMPHIS LIGHT, GAS & WATER DIV. v. FEDERAL POWER COM'N

No. 73-1506.

504 F.2d 225 (1974)

MEMPHIS LIGHT, GAS AND WATER DIVISION, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, United Gas Pipeline Co. and Interstate Natural Gas Association of America, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 3, 1974.

Attorney(s) appearing for the Case

George E. Morrow, Memphis, Tenn., with whom Reuben Goldberg, Washington, D. C., was on the brief, for petitioner.

Gregory Grady, Atty., Federal Power Commission, with whom Leo E. Forquer, Gen. Counsel, George W. McHenry, Jr., Sol. and William M. Sawyer, Atty., Federal Power Commission, were on the brief for respondent.

Christopher T. Boland, James M. Broadstone and Jerome J. McGrath, Washington, D. C., were on the brief for intervenor, The Interstate Natural Gas Association of America.

William B. Cassin, Alvin M. Owsley, Jr., and Robert A. Webb, Houston, Tex., were on the brief, for intervenor, United Gas Pipeline Company.

Before FAHY, Senior Circuit Judge, and TAMM and LEVENTHAL, Circuit Judges.

TAMM, Circuit Judge:

This case is before the court on petition for review of an order of the Federal Power Commission ("the Commission") granting United Gas Pipe Line Company's ("United") request for an increase in its annual depreciation rate to 5 percent. Petitioner, Memphis Gas Pipe Line Company ("Memphis"), an intervenor in the Commission proceedings, is a large, municipally-owned gas distribution company which indirectly purchases1

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