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ZACHARY v. FEDERAL ENERGY REGULATORY COM'N

No. 79-1754.

621 F.2d 155 (1980)

J. M. ZACHARY et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

July 9, 1980.

Attorney(s) appearing for the Case

Bishop, Larimore, Lamsens & Brown, Philip R. Bishop, James R. Lamsens, Tom L. Larimore, Fort Worth, Tex., for petitioners.

Patrick J. McCarthy, Omaha, Neb., for Northern Natural Gas Co., intervenor-appellant.

Joseph G. Stiles, Atty., Washington, D. C., for respondent.

Before CHARLES CLARK, RONEY and GARZA, Circuit Judges.

RONEY, Circuit Judge:

The issue in this case is whether a natural gas contract expired by its own terms, enabling the seller to then charge a higher rate under the replacement contract policy of the Federal Energy Regulatory Commission,1 when the seller stopped delivery under a contract which was to continue "as long as gas is delivered hereunder in quantities commercial to Seller and Buyer." We uphold the Commission's determination that...

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