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JICARILLA APACHE TRIBE v. FEDERAL ENERGY, ETC.

No. 77-1005.

578 F.2d 289 (1978)

JICARILLA APACHE TRIBE, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Tenth Circuit.

Decided June 26, 1978.

Attorney(s) appearing for the Case

Terry D. Farmer of Nordhaus, Moses & Dunn, Albuquerque, N.M., for petitioner.

Joseph G. Stiles, Drexel D. Journey, Gen. Counsel, Robert W. Perdue, Deputy Gen. Counsel, Allan Abbot Tuttle, Sol., and Thomas M. Walsh, Atty., Washington, D.C., for respondent Federal Energy Regulatory Commission.

Before SETH, Chief Judge, LEWIS, Circuit Judge, and BRIMMER, District Judge.

LEWIS, Circuit Judge.

The Jicarilla Apache Tribe (the Tribe) has petitioned this court to review two orders of the Federal Energy Regulatory Commission (FERC). The initial order and the order denying rehearing were issued on October 4 and December 3, 1976, respectively, in response to the Tribe's application for a "small producer" certificate to authorize sales of natural gas to pipeline companies. The denomination as a small producer1

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