ALEXANDER v. FEDERAL ENERGY REGULATORY COM'N

No. 78-1466.

609 F.2d 543 (1979)

Clifford L. ALEXANDER, Secretary of the Army, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Cities Service Gas Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 8, 1979.


Attorney(s) appearing for the Case

Katherine Gruenheck, Atty., Dept. of Justice, Washington, D.C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Ronald R. Glancz and Freddi Lipstein, Attys., Dept. of Justice, and Peter Q. Nyce, Atty., Dept. of Army, Washington, D.C., were on the brief, for petitioner.

George H. Williams, Jr., Atty., Federal Energy Regulatory Commission, Washington, D.C., with whom Howard E. Shapiro, Sol. and McNeil Watkins, II, Atty., Federal Energy Regulatory Commission, Washington, D.C., were on the brief, for respondent.

Melvin Richter, Washington, D.C., with whom Daniel R. Hopkins, Asst. Gen. Counsel, Cities Service Gas Co., Oklahoma City, Okl., was on the brief, for intervenor.

Before MacKINNON and WILKEY, Circuit Judges, and GORDON, Senior District Judge.


Opinion for the Court filed by Senior District Judge JAMES F. GORDON.

Concurring opinion filed by Circuit Judge WILKEY.

JAMES F. GORDON, District Judge:1

This case involves a ruling by the respondent, the Federal Energy Regulatory Commission (hereinafter FERC), that the sale of natural gas from the intervenor, the Cities Service Gas Co., to the Army with a portion of that gas then being conveyed to Defense Family Housing...

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