CF INDUSTRIES, INC. v. TRANSCONTINENTAL, ETC.

No. C-C-77-131.

452 F.Supp. 358 (1978)

CF INDUSTRIES, INC. and Farmers Chemical Association, Inc., Plaintiffs, v. TRANSCONTINENTAL GAS PIPE LINE CORPORATION, Defendant.

United States District Court, W. D. North Carolina, Charlotte Division.

May 15, 1978.


Attorney(s) appearing for the Case

William H. McCullough, Robert H. Spearman, Sanford, Cannon, Adams & McCullough, Raleigh, N. C., Stephen A. Herman, Kirkland, Ellis & Rowe, Washington, D. C., J. S. Crawford, Anthony E. Asscino, Jr., CF Industries, Inc., Long Grove, Ill., E. Osborne Ayscue, Jr., Helms, Mulliss & Johnston, Charlotte, N. C., for plaintiffs.

Lawrence H. Call, Transcontinental Gas Pipe Line Corp., Houston, Tex., W. Pendleton Sandridge, Jr., Womble, Carlyle, Sandridge & Rice, Winston-Salem, N. C., W. T. Covington, Jr., Kennedy, Covington, Lobdell & Hickman, Charlotte, N. C., for defendant.


ORDER DENYING REFERRAL TO THE FEDERAL ENERGY REGULATORY COMMISSION

McMILLAN, District Judge.

On March 15, 1978, the court heard argument on defendant's motion to refer certain issues to the Federal Energy Regulatory Commission (FERC), successor agency to the Federal Power Commission. This order is filed in accord with the oral ruling announced after the hearing.

Defendant has made no serious contention that the issues presented in this case are within...

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