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CF INDUSTRIES v. TRANSCONTINENTAL GAS, ETC.

Nos. 79-1359, 79-1366.

614 F.2d 33 (1980)

CF INDUSTRIES, INC. and Farmers Chemical Association, Inc., Appellants, v. TRANSCONTINENTAL GAS PIPE LINE CORPORATION, Appellee. CF INDUSTRIES, INC. and Farmers Chemical Association, Inc., Appellees, v. TRANSCONTINENTAL GAS PIPE LINE CORPORATION, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 8, 1980.

Attorney(s) appearing for the Case

Alfred H. Ebert, Jr., Houston, Tex., for Transcontinental.

Joseph G. Stiles, Washington, D.C., for Federal Energy Regulatory Commission.

Stephen A. Herman, Washington, D.C. (Nolan E. Clark, Thomas W. Queen, Kirkland & Ellis, Washington, D.C., E. Osborne Ayscue, Jr., Helms, Mullis & Johnston, Charlotte, N.C., William H. McCullough, Robert W. Spearman, Sanford, Adams, McCullough & Beard, Raleigh, N.C., Anthony E. Cascino, Jr., Long Grove, Ill., on brief), for CF Industries, Inc. and Farmers Chemical Ass'n, Inc.

Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and WIDENER, Circuit Judge.

FIELD, Senior Circuit Judge:

Transcontinental Gas Pipe Line Corporation (TRANSCO) has moved this court for an order referring certain underlying issues involved in this litigation to the Federal Energy Regulatory Commission (Commission) and for a stay of the appeals pending the Commission's determination of such issues.

TRANSCO is engaged in the sale of natural gas in interstate commerce pursuant to certificates of...

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