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CITIES OF FULTON ET AL., MISSOURI v. F. P. C.

No. 73-1294.

512 F.2d 947 (1975)

CITIES OF FULTON ET AL., MISSOURI and The Illinois Municipal Utilities Association, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Panhandle and Pan Eastern, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 30, 1975.

Attorney(s) appearing for the Case

William T. Miller, Washington, D. C., with whom Charles F. Wheatley, Jr., Washington, D. C., was on the brief for petitioners.

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

Raymond N. Shibley, Washington, D. C., with whom James J. Flood, Jr., Houston, Tex., was on the brief for intervenors.

Before BAZELON, Chief Judge, and WRIGHT and TAMM, Circuit Judges.

BAZELON, Chief Judge:

Petitioners operate municipal gas distribution systems which purchase their entire supply of natural gas from Panhandle Eastern Pipeline Company (Panhandle). They contest the issuance of a certificate of public convenience and necessity to Pan Eastern Exploration Company (Pan Eastern), a wholly owned subsidiary of Panhandle, under section 7 of the Natural Gas Act.1 Granted September 20, 1972, the certificate authorized...

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