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ALGONQUIN LNG v. FEDERAL ENERGY REGULATORY COM'N.

No. 76-2157.

570 F.2d 1043 (1978)

ALGONQUIN LNG, INC. and Algonquin Gas Transmission Company, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 26, 1978.

Attorney(s) appearing for the Case

John T. Ketcham, Washington, D. C., with whom Charles E. McGee, Francis J. McShalley and Phil W. Jordan, Washington, D. C., were on the brief for Algonquin LNG, Inc.

John J. Lahey, Atty., Washington, D. C., with whom Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, and Allan Abbot Tuttle, Sol., Washington, D. C., were on the brief for the Federal Energy Regulatory Commission.

Before TAMM and ROBB, Circuit Judges, and MARKEY, Chief Judge, United States Court of Customs and Patent Appeals.

Opinion for the Court filed by MARKEY, Chief Judge.

MARKEY, Chief Judge:

Appeal from Orders of the Federal Power Commission (now the Federal Energy Regulatory Commission) in Algonquin LNG, Inc., Docket No. CP75-14, affirming and adopting a Hearing Examiner's decision requiring refunds of amounts collected in excess of a rate of $3.45 per barrel, and denying rehearing. We vacate the Orders and remand.

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