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UNITED GAS PIPE LINE v. FEDERAL ENERGY REGULATORY COMM'N

No. 78-1091.

597 F.2d 581 (1979)

UNITED GAS PIPE LINE COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 8, 1979.

Attorney(s) appearing for the Case

Irving Jacob Golub, Stephen A. Wakefield, David H. Thornberry, Houston, Tex., for petitioner.

Stephen J. Small, Charleston, W. Va., for Columbia Gas Transm. Corp.

Michael J. Manning, Washington, D. C., for Entex, Inc.

Paul E. Goldstein, Chicago, Ill., for Natural Gas Pipeline.

Terence J. Collins, Melvin Richter, Dale A. Wright, Washington, D. C., Lilyan G. Sibert, Leland F. Cadenhead, Houston, Tex., for Tennessee Gas Pipeline Co.

Howard E. Shapiro, Sol., Robert R. Nordhaus, General Counsel, Barbara Weller, Atty., Washington, D. C., for respondent.

Karol Lyn Newman, Washington, D. C., for Laclede Gas Co.

Before BROWN, Chief Judge, COLEMAN and TJOFLAT, Circuit Judges.

JOHN R. BROWN, Chief Judge:

In this case United Gas Pipe Line Company (United) and various intervenors1 contend that the Federal Energy Regulatory Commission (FERC) has acted arbitrarily in denying recovery of costs that they should reasonably be able to pass on to their customers. We agree that the challenged Commission action2 is unreasonable and, therefore, reverse.

The Commission Sets The Stage...

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