COX v. FEDERAL ENERGY REGULATORY COM'N

No. 77-3493.

581 F.2d 449 (1978)

Edwin L. COX et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

October 3, 1978.


Attorney(s) appearing for the Case

Ross, Marsh & Foster, Bernard A. Foster, III, Washington, D. C., for petitioners.

Linda Elizabeth Buck, Washington, D. C., for State of Louisiana.

James R. Patton, David B. Robinson, Harry E. Barsh, Jr., Washington, D. C., for intervenor.

Robert R. Nordhaus, Gen. Counsel, F.E.R.C., Howard E. Shapiro, Sol., M. Frazier King, Jr., Atty., F.E.R.C., Washington, D. C., for respondent.

Frank X. Kelly, Washington, D. C., for Texas Gas Transmission Corp.

Before BROWN, Chief Judge, GODBOLD and RONEY, Circuit Judges.


GODBOLD, Circuit Judge:

Petitioners seek review of an order of the Federal Energy Regulatory Commission (FERC).1 The principal issue is whether substantial evidence supports the agency finding that petitioners delivered uncertificated gas in interstate commerce. Also at issue are whether FERC has authority to order a payback in kind of dedicated gas that was diverted from the interstate market...

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