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PUBLIC SERVICE COM'N v. F. P. C.

Nos. 73-1647, 73-1793 and 73-1794.

543 F.2d 874 (1976)

PUBLIC SERVICE COMMISSION FOR the STATE OF NEW YORK, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Continental Oil Company et al., Intervenors. ASSOCIATED GAS DISTRIBUTORS, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Phillips Petroleum Company et al., Intervenors. ASSOCIATED GAS DISTRIBUTORS, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Mobil Oil Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 27, 1976.

Certiorari Denied October 4, 1976.

Attorney(s) appearing for the Case

Richard A. Solomon, Washington, D.C., with whom Peter H. Schiff, Albany, N.Y., was on the brief for petitioner in Nos. 73-1647 and 73-1793.

Frederick Moring, Washington, D.C., with whom Richard G. Morgan and Thomas C. Watson, Washington, D.C., were on the brief for petitioner in No. 73-1794.

John R. Staffier, Atty., Federal Power Commission, for respondent. Leo E. Forquer, Gen. Counsel, Federal Power Commission, George W. McHenry, Jr., Sol., Richard A. Oliver and A. Lee Wallace, Attys., Dept. of Justice, were on the brief for respondent.

Tom Burton, Houston, Tex., for intervenor Continental Oil Co.

Carroll L. Gilliam, Washington, D.C., with whom Tom P. Hamill, Houston, Tex., and Phillip R. Ehrenkranz, Washington, D.C., were on the brief for intervenor Mobil Oil Corp.

John L. Williford, Bartlesville, Okl., entered an appearance for intervenor Phillips Petroleum Co.

Before ROBINSON and ROBB, Circuit Judges and MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

Certiorari Denied October 4, 1976. See 97 S.Ct. 178, 179.

Opinion for the Court filed by Chief Judge MARKEY.

Dissenting opinion filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

MARKEY, Chief Judge, United States Court of Customs and Patent Appeals:

These appeals present the question of whether the Federal Power Commission (Commission) may permit application of previously established "new" gas rates to flowing natural gas ("old" gas) sold...

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