MACDONALD v. FEDERAL POWER COMMISSION

No. 73-1715

505 F.2d 355 (1974)

Torbert H. MACDONALD and Sidney R. Yates, Petitioners v. FEDERAL POWER COMMISSION, Respondent George Mitchell & Associates, Inc., et al., Intervenors

United States Court of Appeals, District of Columbia Circuit.

Decided September 19, 1974.

Rehearing Denied December 2, 1974.


Attorney(s) appearing for the Case

Morton L. Simons, Washington, D. C., with whom Barbara M. Simons, Washington, D. C., was on the brief, for petitioners.

John H. Burnes, Jr., Atty., F. P. C., with whom Leo E. Forquer, Gen. Counsel, and George W. McHenry, Jr., Sol., F. P. C., were on the brief, for respondent.

Homer J. Penn, for intervenor George Mitchell & Associates, Inc.

J. Stanley Stroud, Chicago, Ill., was on the brief for intervenor Northern Illinois Gas Co.

Paul E. Goldstein and Paul W. Mallory, Chicago, Ill., were on the brief for intervenor Natural Gas Pipeline Co. of America.

Charles F. Wheatley, Jr., Washington, D. C., entered an appearance for intervenor American Public Gas Assn.

Before WRIGHT and MacKINNON, Circuit Judges, and JAMESON, Senior District Judge.


J. SKELLY WRIGHT, Circuit Judge:

Petitioner congressmen challenge orders of the Federal Power Commission1 permitting a natural gas producer, George Mitchell & Associates, to increase its rates for gas sold pursuant to a 1954 contract in interstate commerce to a level about 65 per cent above that which other producers in Mitchell's production area may charge under the Commission's recently...

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