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CLARK v. GULF OIL CORP.

Nos. 77-1661 and 77-1662.

570 F.2d 1138 (1977)

Milton CLARK, Frederick W. Rost, St. Regis Apartments, Ltd., a California limited partnership, Melvin Balser, Managing Agent, on behalf of themselves and all others similarly situated, Appellants in No. 77-1662, Philadelphia Gas Works, Plaintiff-Intervenor, v. GULF OIL CORPORATION and Texas Eastern Transmission Corporation. Theodore Q. THOMPSON and Jamestown Village Apartments, Ltd., a California limited partnership, Melvin Balser, Managing Agent v. GULF OIL CORPORATION, Philadelphia Electric Company and Texas Eastern Transmission Corporation. Appeal of PHILADELPHIA GAS WORKS, Plaintiff-Intervenor in No. 77-1661.

United States Court of Appeals, Third Circuit.

Decided December 30, 1977.

As Amended April 11, 1978.

Attorney(s) appearing for the Case

Thomas E. Wiener, Mesirov, Gelman, Jaffe, Cramer & Jamieson, Howard D. Scher, Goodis, Greenfield, Henry & Edelstein, Philadelphia, Pa., for Appellants Milton Clark, et al.

A. Grant Sprecher, Barry J. Hart, Stephen Schachman, Obermayer, Rebmann, Maxwell & Hippel, Philadelphia, Pa., for Philadelphia Gas Works.

John L. McConn, Jr., Butler, Binion, Rice, Cook & Knapp, Houston, Tex., James E. Farrell, Jr., Gulf Oil Corp., Bala-Cynwyd, Pa., for Gulf Oil Corp.

M. Carton Dittman, Jr., Oliver C. Biddle, Lewis A. Grafman, Linda S. Martin, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., Jack D. Head, James W. McCartney, Judy M. Johnson, Vinson, Elkins, Searls, Connally & Smith, Houston, Tex., for Texas Eastern Transmission Corp.

Before SEITZ, Chief Judge, ALDISERT and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal raises for the first time in this circuit the question of whether a private cause of action for damages against a producer of natural gas for failure to comply with a certificate of public convenience and necessity issued by the Federal Power Commission is implied under the Natural Gas Act, 15 U.S.C. § 717 et seq., in favor of retail distributors and ultimate consumers of natural gas.

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