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TEXAS OIL & GAS CORP. v. MICH. WIS. PIPE LINE

Nos. 78-1215, 78-1216.

601 F.2d 1144 (1979)

TEXAS OIL & GAS CORP., Wessely Energy Corporation, Greenbrier 74 Limited, Zoller & Dannenberg, Inc., and Joseph K. Caskey, Plaintiffs-Appellees, v. MICHIGAN WISCONSIN PIPE LINE COMPANY, and the Federal Energy Regulatory Commission, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided July 17, 1979.

Rehearing Denied August 21, 1979.

Attorney(s) appearing for the Case

James W. Shepherd and William J. Legg of Andrews, Mosburg, Davis, Elam, Legg & Bixler, Inc., Oklahoma City, Okl., for appellant Michigan Wisconsin Pipe Line Co.

Robert R. Nordhaus, Gen. Counsel, Howard E. Shapiro, Sol., and McNeill Watkins II, Atty., of the Federal Energy Regulatory Commission, Washington, D. C., for appellant Commission.

Robert M. Martin, Jr. of Storey, Armstrong, Steger & Martin, Dallas, Tex., and Stanley L. Cunningham, Philip D. Hart and Terry R. Barrett of McAfee, Taft, Mark, Bond, Rucks & Woodruff, Oklahoma City, Okl., for appellee Texas Oil & Gas Corp.

Before SETH, Chief Judge, and DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

This is an appeal from a district court order granting a motion for summary judgment made by Texas Oil & Gas Corporation and the other plaintiffs-appellees (hereafter collectively Texas Oil) claiming an interest in natural gas production from the tract of land at issue. The court held that any gas produced from the designated leasehold interests is not dedicated to delivery in interstate commerce...

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