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MITCHELL ENERGY CORP. v. FEDERAL ENERGY REG.

No. 77-3163.

580 F.2d 763 (1978)

MITCHELL ENERGY CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

September 20, 1978.

Attorney(s) appearing for the Case

Frank P. Saponaro, Jr., Kevin P. Gallen, Washington, D. C., for petitioner.

Paul W. Mallory, Chicago, Ill., for Natural Gas Pipeline Co. of America.

Robert R. Nordhaus, Gen. Counsel, Howard E. Shapiro, Sol., Steven A. Taube, Philip R. Telleen, F. E. R. C., Washington, D. C., for respondent.

Before BROWN, GODBOLD and RONEY, Circuit Judges.

GODBOLD, Circuit Judge:

Mitchell Energy Corporation petitions for review of an order of the Federal Energy Regulatory Commission (FERC)1 directing Mitchell to refund more than $9 million allegedly collected in excess of legally authorized rates. FERC determined Mitchell's refund obligation based on its interpretation of the mandate in MacDonald v. FPC, 164 U.S.App.D.C. 248, 505 F.2d 355 (1974),...

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