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McCOMBS v. FEDERAL POWER COMMISSION

No. 75-1829.

542 F.2d 1144 (1976)

Billy J. McCOMBS et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, United Gas Pipe Line Company, Intervenor.

United States Court of Appeals, Tenth Circuit.

Decided October 18, 1976.

Attorney(s) appearing for the Case

Stanley L. Cunningham of McAfee, Taft, Mark, Bond, Rucks & Woodruff, Oklahoma City, Okl. (Philip D. Hart and Terry R. Barrett, Oklahoma City, Okl., with him on the brief), for petitioners, Billy J. McCombs et al.

Jerome Ackerman of Covington & Burling, Washington, D.C. (Nicholas W. Fels, Washington, D.C., with him on the brief), for petitioner, E. I. du Pont de Nemours & Co.

Thomas M. Walsh, Atty., Federal Power Commission, Washington, D.C. (Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, Allan Abbot Tuttle, Sol., Federal Power Commission, Washington, D.C., with him on the brief), for respondent.

Platt W. Davis III, of Vinson, Elkins, Searls, Connally & Smith, Washington, D.C. (Barbara S. Blaine, Washington, D.C.; J. Evans Attwell of Vinson, Elkins, Searls, Connally & Smith, William B. Cassin and Larry J. Gunn, Houston, Tex., and Knox Bemis of Sharon, Pierson, Semmes, Crolius & Finley, Washington, D.C., of counsel, with him on the brief), for intervenor, United Gas Pipe Line Co.

Before HILL and SETH, Circuit Judges, and TEMPLAR, Senior District Judge.

SETH, Circuit Judge.

This is a proceeding to review Opinions Nos. 740, 740-A, and 740-B of the Federal Power Commission entered in its docket No. CP74-94. The orders were stayed by this court on December 9, 1975.

The issues on this review concern two sections of the Natural Gas Act, Sections 7(b) and 7(c) [15 U.S.C. §§ 717f(f) and 717f(c)]. The Commission found that the petitioners had violated the Act by failing to deliver gas to United Gas Pipe...

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