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GILLRING OIL CO. v. FEDERAL ENERGY REGULATORY COM'N

No. 77-1664.

566 F.2d 1323 (1978)

GILLRING OIL COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

February 6, 1978.

Attorney(s) appearing for the Case

J. Evans Attwell, Judy M. Johnson, Houston, Tex., for petitioner.

Allan A. Tuttle, Sol., Steven A. Taube, Atty., Drexel D. Journey, Gen. Counsel, Federal Power Commission, Washington, D. C., for respondent.

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

RONEY, Circuit Judge:

In 1971, Federal Power Commission Opinion No. 595 established ceiling prices for the sale of natural gas in the Texas Gulf Coast Area for each year back to 1959. The Commission ordered Gillring Oil Company, which had charged prices in excess of those ceilings during 1960-1968, to refund the excess. Gillring brought a declaratory action seeking to offset the refund by the extent to which the rates it charged during 1959-60 and 1968-1971 were below...

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