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PENNZOIL PRODUCING CO. v. FEDERAL POWER COMMISSION

Nos. 76-1626, 76-1831 and 76-2128.

553 F.2d 485 (1977)

PENNZOIL PRODUCING COMPANY, Shell Oil Company, United Gas Pipe Line Company, Petitioners, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 1, 1977.

Attorney(s) appearing for the Case

Jeron Stevens, Stephen M. Hackerman, Houston, Tex., A. Duncan Gray, Jr., Gen. Atty., M. Diane Barber, Atty., Pennzoil Producing Co., Houston, Tex., for petitioner Pennzoil Producing Co.

Paul W. Wright, Martin N. Erck, Houston, Tex., amicus curiae, Exxon Corp.

Harry E. Barsh, Jr., Washington, D.C., for intervenor State of Louisiana.

Allan Abbot Tuttle, Sol., Drexel D. Journey, Gen. Counsel, John H. Burnes, Jr., Atty., F.P.C., Washington, D.C., for respondent.

Roy L. Merrill, Houston, Tex., for Mobil Oil Corp.

Thomas G. Johnson, William G. Riddoch, Dan A. Bruce, Houston, Tex., for petitioner Shell Oil Co.

William B. Cassin, Gen. Counsel, United Gas Pipe Line Co., Houston, Tex., Phillip D. Endom, Assoc. Gen. Counsel, Lee McCarthy Huber, Atty., Donald R. Arnett, Houston, Tex., for petitioner United Gas Pipe Line Co., No. 76-2128.

Before CLARK, RONEY and TJOFLAT, Circuit Judges.

Rehearing Denied September 1, 1977. See 558 F.2d 816.

RONEY, Circuit Judge:

Caught in the squeeze between the regulated price of its gas, which price included royalty costs at the interstate price, and the claims of landowners for increased royalty payments based on higher intrastate rates, the gas producers petitioned the Federal Power Commission for relief. Two alternatives were given the Commission: first, let the...

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