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PHILLIPS PETROLEUM CO. v. F. P. C.

No. 76-1216.

556 F.2d 466 (1977)

PHILLIPS PETROLEUM COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, Tenth Circuit.

May 17, 1977.

Attorney(s) appearing for the Case

John L. Williford, Bartlesville, Okl. (C. J. Roberts and Larry Pain, Bartlesville, Okl., on the brief), for petitioner.

Scott M. DuBoff, Washington, D. C. (Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, and Allan Abbot Tuttle, Sol., Washington, D. C., on the brief), for respondent.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

McWILLIAMS, Circuit Judge.

The ultimate issue to be resolved is whether the Federal Power Commission correctly determined that the natural gas reserves underlying a sales contract executed in 1975 between Phillips Petroleum Company and United Gas Pipe Line Company were reserves that had been sold and thereby dedicated in interstate commerce in 1972 and were because of that fact ineligible for the $.52 per thousand cubic feet (Mcf) rate established in Opinion No. 699...

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