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SKELLY OIL CO. v. FEDERAL POWER COM'N

Nos. 74-1675, 74-1789 and 75-1203.

532 F.2d 177 (1976)

SKELLY OIL COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, Tenth Circuit.

Decided April 5, 1976.

Attorney(s) appearing for the Case

Bernard A. Foster, III, of Ross, Marsh & Foster, Washington, D. C., for petitioner.

Steven A. Taube, Atty., Federal Power Commission, Washington, D. C. (Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, and Allan Abbot Tuttle, Solicitor, Federal Power Commission, with him on the brief), for respondent.

Before LEWIS, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.

SETH, Circuit Judge.

This is a consolidation of petitions filed by petitioner to review, under 15 U.S.C. § 717r(b), orders of the Federal Power Commission which rejected proposed rate increases. The review concerns the Commission policy established in Opinion No. 639 (48 F.P.C. 1299), Opinions Nos. 699 of June 21, 1974, and 699-H of December 4, 1974, generally referred to as the replacement contract policy. The application of this policy was dependent upon the...

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