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KOCH INDUSTRIES, INC. v. FEDERAL POWER COM'N

No. 75-1094.

554 F.2d 1158 (1977)

KOCH INDUSTRIES, INC., Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided February 4, 1977.

Attorney(s) appearing for the Case

Robert J. Haggerty, Washington, D. C., with whom Frederick J. Hansen, Gen. Counsel, Koch Industries, Wichita, Kan., was on the brief, for petitioner.

John H. Burnes, Jr., Atty., Federal Power Commission, Washington, D. C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, and Allan Abbot Tuttle, Sol., Federal Power Commission, Washington, D. C., were on the brief, for respondent.

Before BAZELON, Chief Judge, ROBINSON, Circuit Judge, and JUSTICE, United States District Judge for the Eastern District of Texas.

Opinion for the Court filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Our charge is to review a determination by the Federal Power Commission on the entitlement of a sale of natural gas first delivered in 1974, but produced from wells tapping reservoirs discovered in 1972 within acreage dedicated to the interstate market in 1964 and supplying other gas thereto prior to 1973, to the national rate prescribed by...

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