COMMONWEALTH OF VA. v. TENNECO, INC.

No. 75-1282.

538 F.2d 1026 (1976)

COMMONWEALTH OF VIRGINIA, Appellee, v. TENNECO, INC., et al., Appellants, Federal Power Commission, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided February 20, 1976.


Attorney(s) appearing for the Case

Gregory Grady, Washington, D.C. (Melvin Richter, Harold L. Talisman, Washington, D.C., L. F. Cadenhead, L. R. Pankonien, Houston, Tex., Littman, Richter, Wright & Talisman, Washington, D.C., on brief), for appellant.

Allan Abbot Tuttle, Sol., Washington, D.C. (Drexel D. Journey, General Counsel, John R. Staffier, William J. Grealis, Washington, D.C., on brief), as amicus curiae for F.P.C.

Diana J. Pioske, Asst. Atty. Gen. of Va., Richmond, Va. (Andrew P. Miller, Atty. Gen. of Va., Anthony F. Troy, Chief Deputy Atty. Gen. of Va., and Frederick S. Fisher, Asst. Atty. Gen. of Va., Richmond, Va., on brief), for appellee.

Before WINTER, CRAVEN and WIDENER, Circuit Judges.


WINTER, Circuit Judge:

This is an appeal from a temporary restraining order (TRO) prohibiting a supplier of natural gas from reducing allocations of gas to a customer in accordance with the former's plan for the allocation of gas supplies during periods of short supply. Initially the case presents questions of appealability, the timeliness of the appeal, and mootness. On the merits, the principal issue is whether the district court exceeded its jurisdiction by improperly...

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