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McCOMBS v. FEDERAL ENERGY REGULATORY COMMISSION

No. 75-1829.

570 F.2d 1376 (1978)

Billy J. McCOMBS, R. James Stillings, d/b/a Gastill Company, David A. Onsgard, Basin Petroleum Corp., E. I. duPont deNemours & Company, and Bill Forney, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, formerly known as Federal Power Commission, Respondent, United Gas Pipe Line Company, Intervenor.

United States Court of Appeals, Tenth Circuit.

Decided February 9, 1978.

Rehearing Denied April 3, 1978.

Attorney(s) appearing for the Case

Stanley L. Cunningham, Oklahoma City, Okl. (Philip D. Hart, Terry R. Barrett and McAfee, Taft, Mark, Bond, Rucks & Woodruff, Oklahoma City, Okl., on the brief), for petitioners, McCombs Group.

Nicholas W. Fels, Washington, D.C. (Jerome Ackerman, Washington, D.C., on the brief), Covington & Burling, Washington, D.C., for petitioner, E. I. duPont.

John J. Lahey, Washington, D.C. (Drexel D. Journey, Robert W. Perdue, Allan Abbot Tuttle and Thomas M. Walsh, Washington, D. C., on the brief), for respondent.

Knox Bemis, Washington, D.C. (Platt W. Davis, III, Washington, D.C., Barbara S. Blaine, J. Evans Atwell, Houston, Tex., of Vinson, Elkins, Searls, Connally & Smith, Washington, D.C., and Houston, Tex., and William B. Cassin and Larry J. Gunn, Houston, Tex., on the brief), for intervenor, United Gas.

Before SETH, HOLLOWAY and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

These proceedings come before us for rehearing involving a review of opinions rendered by the Federal Power Commission (FPC) finding that the petitioners (McCombs Group) had violated two sections of the Natural Gas Act, 15 U.S.C. §§ 717f(b) and 717f(f) by failing to deliver natural gas to United Gas Pipe Line Company (United) under a producer's certificate authorizing the sale and continued sale of gas in interstate commerce. The...

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