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LO-VACA GATHERING CO. v. RAILROAD COM'N OF TEXAS

No. 5-23.

565 F.2d 144 (1977)

LO-VACA GATHERING COMPANY, Plaintiff, v. The RAILROAD COMMISSION OF TEXAS, Defendant.

Temporary Emergency Court of Appeals.

Decided October 19, 1977.

Attorney(s) appearing for the Case

Jefferson D. Giller, Fulbright & Jaworski, Houston, Tex., with whom William B. Wagner and Daniel K. Hedges, Houston, Tex., of the same firm, and William T. Hurn and Richard A. Wells, Lo-Vaca Gathering Co., Houston, Tex., were on the brief for plaintiff.

J. David Hughes, Chief, Public Utilities & Transportation Division, Asst. Atty. Gen. Office, Austin, Tex., with whom John L. Hill, Atty. Gen. of Tex., Austin, Tex., were on the brief for defendant.

Before CHRISTENSEN, INGRAHAM and JAMESON, Judges.

INGRAHAM, Judge.

Plaintiff, Lo-Vaca Gathering Company (Lo-Vaca) operates a natural gas pipeline for the purchase, transportation and sale of natural gas in Texas. Lo-Vaca is an "intrastate pipeline" as that term is defined in § 2(3)1 of the Emergency Natural Gas Act of 1977 (ENGA). Defendant, Railroad Commission of Texas, is an agency of the State of Texas charged with regulating the production and sale of natural gas in Texas. Lo...

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